Green Card Employment
H, L, TN & Others
We help professionals, employers, and specialized workers secure temporary employment visas to live and work in the United States.
We handle:
- H Visas: H-1B, H-2A/H-2B, H-3, H-1C
- L Visas: Intra-company transfers
- O & P Visas: Extraordinary ability, artists, entertainers, athletes
- R Visas: Religious workers
- TN Visas: Canadian and Mexican professionals
- I & G Visas: Media and international organization employees
Why Choose Us:
Because employment visas require both legal detail and business understanding. We craft well-documented, compliant petitions that help employers stay confident and professionals stay focused on their work.
Getting an employment-based green card is a multiple step process; it generally takes several months to years to get it.
For most employment based categories, the sponsoring employee must file a labor certification with the department of labor certifying that no qualified US workers are available or willing to do the job that the alien will perform for them.
The employers generally have to advertise for the specific position, skill requirements, and verification of the prevailing wage for the position and employer’s ability to pay.
Affective Mar 28th, 2005 labor certifications are filed through an electronic system known as PERM.
Once the labor certification is approved the employer must file Form I-140 immigrant Petition for Alien Worker. If the priority dates are current it is possible to concurrently file Form I-485 Adjust of status.
Department of State must give an immigrant visa number to the applicant. It is only given when priority dates are current.
Once the priority date s current, the applicant has two options. If the applicant is already in the USA he/she can apply for the adjustment of status. If the applicant is outside the US he/she can go through consular processing.
These include:
- Persons of extraordinary ability in sciences, arts, educations, business or athletics
- Out standing professors or researchers
- Mangers and executives subject to international transfer to the United States
The priority dates are current most of the time in this category.
These include:
- Persons of exceptional ability in sciences, arts, or business
- Advanced degree professionals
- Qualified alien physicians who will practice medicine in an areas of US which is underserved
Its easy to get the I-140 approved under EB3 as the job requirement is more scrutinized. It is advantageous for people born in oversubscribed countries like India and Chine to apply in EB2 because processing in EB2 takes less time.
These include:
- Skilled workers (minimum two years of training experience and training)
- Professionals with bachelors degrees
- Unskilled workers
These include:
- Religious workers
- Employees and former employees of US govt abroad
- Persons serving ad translators with the United states Armed Forces
Aliens who are able to invest $1000,000 and create at least 10 new full time jobs. It is possible in certain situations that an investment of $500,000, if it create 5 new jobs may be acceptable.
Our office would review the job requirements and the employee’s qualifications to determine what category fits best. After determining the category our office will help in all the steps to process and file for the PERM application with the department of labor. Once approved we can help file the I-140 petition, if priority dates are current can also file the I-140 and I-485 concurrent. You’ll be dealing directly with an Attorney not a paralegal who would be guiding you through out the process.
The employment based green card is divided into five categories, some of the categories require labor certifications from the department of labor.