Employee Sponsored ImmigrationForeign nationals may seek immigration status within the U.S. through the sponsorship of an employer. This occurs when the employer is seeking status on behalf of a foreign national and is asking that the foreign national be granted status in order to work for the employer.
There are many specific requirements regarding the type of position, the nature and location of employment, the manner of hiring, etc. There is also a requirement that the Department of Labor certify the employer. There is a substantial amount of communication that must occur between the employer and the potential employee and the process can become very complex. Each side must cooperate to provide certain information and specific documentation to the other in order for the employer-based petition to be successful.
At Mevorah & Associates, we will work closely with your employer and work through the complex process on your behalf. We will educate both you and your employer about the application process and what you can expect from the government. We will evaluate your situation, provide a list of documents that you and your employer would need to provide, prepare the petition and accompanying filings with you and your employer, and quickly address any issues that arise. Because of the complexity of these types of petitions, it is important to consult an experienced immigration attorney when seeking status based upon employment.
In most cases, there are certain requirements that must first be met before an employer may sponsor a foreign national: - the employer must offer the foreign national full-time, permanent employment;
- the employer must be located in the U.S., although the employer is not necessarily required to be an American-owned company;
- the employer must obtain certification from the Department of Labor that there are no qualified U.S. workers who wish to fill the position which the foreign national is seeking; and
- the worker must meet the minimum stated education and/or experience requirements for the employer’s position.
Much like family-based immigration, preference categories have been implemented for foreign nationals seeking to immigrate to the U.S. through employment: EB-1 Priority workers Foreign nationals who qualify for this preference category include those of extraordinary ability in the sciences, arts, education, business or athletics, those who are outstanding professors or researchers, and managers and executives subject to international transfer to the United States. EB-2 Professionals with advanced degrees or persons with exceptional ability Foreign nationals who qualify for this preference category include those of exceptional ability in the sciences, arts or business, advanced degree professionals and qualified physicians who will practice medicine in underserved U.S. locations. EB-3 Skilled or professional workers Foreign nationals who qualify for this preference category include those with bachelor's degrees who do not qualify for a higher preference category, skilled workers with a minimum of two years training and experience, and certain unskilled workers. EB-4 Special Immigrants Foreign nationals who qualify for this preference category include national religious workers and employees and former employees of the U.S. Government abroad.
Contact Mevorah & Associates today to help you obtain a green card based upon your employment. Our expert immigration attorneys will work closely with you and your future employer to walk you through the process and to prepare a comprehensive employer-sponsored immigration petition.
|
