Green Cards Through Employment, PERM, I140, EB1, EB2, EB3, NIW, I485

This article explains how to obtain green cards through employment. Apsan Law Offices, LLC has assisted thousands of immigrants in acquiring green cards through their employment for more than 30 years, we have also represented employers throughout the U.S., in sponsoring employees for both temporary working visas and green cards.

Note: There is a limit to the number of Green Cards available through employment
OVERVIEW

Every fiscal year (October 1st — September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants and their spouses and children) under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification (PERM) from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:

1. There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage

2. Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

(NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.)

These categories are called preferences and are classified as follows:

The EB-1 preference category is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

The EB-2 preference category is reserved for (1) persons of exceptional ability and (2) persons whose jobs require an advanced university degree or its equivalent. Most EB-2 petitions require that an employer obtain the approval of Labor Certification (PERM) from the U.S. Department of Labor prior to sponsoring the person for lawful permanent residence, unless applicant can obtain a national interest waiver.

The EB-3 preference category is reserved for for (1) professionals, (2) skilled workers and (3) unskilled workers. EB-3 petitions require that an employer obtain a Labor Certification from the Department of Labor before sponsoring the person for permanent residence.

The EB-4 preference category is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

The EB-5 preference category is reserved for business investors.

Understand that only the employers of persons in the EB-2 and EB-3 categories normally to undertake the Labor Certification (PERM) process in order to obtain green cards through employment for their employees. Persons in the EB-1, EB-4 and EB-5 categories are never required to use PERM in order to qualify for green cards.

“Our office has obtained thousands of Green Cards through employment for our clients since we began, in 1983. If you need any assistance in obtaining a Green card through employment, our staff would be happy to assist.”