Residency through Employment
At The Law Alliance, A.P.C., we know how the immigration system works. We have
extensive experience in issues relating to employment based permanent residency
applications.
At The Law Alliance A.P.C., we can assist you with being sponsored by your
employer or business or sponsoring a current or future employee.
Immigrating to the United States to live here permanently is an important and
complex decision. Foreign citizens must comply with U.S. visa immigration law,
and specific procedures to apply for their visa. The Immigration and Nationality
Act provides a yearly minimum of 140,000 employment-based immigrant visas. Once
the visa is issued the foreign national has been authorized to live and work
permanently in the United States.
If you want to become an immigrant based on the fact that you have a
permanent employment opportunity in the United States, or if you are an employer
that wants to sponsor someone for lawful permanent residency based on permanent
employment in the United States, you must go through a multi-step process.
- First, foreign nationals and employers must determine if the foreign
national is eligible for lawful permanent residency under one of USCIS'
paths to lawful permanent residency.
- Second, most employment categories require that the U.S. employer
complete a labor certification request (Form ETA 9089) for the applicant,
and submit it to the Department of Labor's Employment and Training
Administration. Labor must either grant or deny the certification request.
Qualified alien physicians who will practice medicine in an area of the
United States which has been certified as underserved by the U.S. Department
of Health and Human Services are relieved from this requirement.
- Third, USCIS must approve an immigrant visa petition, Form I-140,
Petition for Alien Worker, for the person wishing to immigrate to the United
States. The employer wishing to bring the applicant to the United States to
work permanently files this petition. However, if a Department of Labor
certification is needed the application can only be filed after the
certification is granted. The employer acts as the sponsor (or petitioner)
for the applicant (or beneficiary) who wants to live and work on a permanent
basis in the United States.
- Fourth, the State Department must give the applicant an immigrant visa
number, even if the applicant is already in the United States. When the
applicant receives an immigrant visa number, it means that an immigrant visa
has been assigned to the applicant. You can check the status of a visa
number in the Department of State's Visa Bulletin.
- Fifth, if the applicant is already in the United States, he or she must
apply to adjust to permanent resident status after a visa number becomes
available. If the applicant is outside the United States when an immigrant
visa number becomes available, he or she will be notified and must complete
the process at his or her local U.S. consulate office.
If you have an immigration concern involving permanent residence, we can
provide you with experienced, professional advice. Contact us today to
schedule a free initial consultation. Our phone line is open 24 hours a day
for your convenience
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