Indeed, a company is permitted to sponsor an employee or prospective employee for purposes of becoming a permanent resident based on a permanent job offer. There are certain procedures that the parties must go through though. Before anything else, the employer must apply for and have an Application for Permanent Labor Certification approved by the U.S. Department of Labor. Upon approval, the employer must complete and submit an I -140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). You can contact us at Maison Law Immigration Lawyers for immigration representation by knowledgeable and experienced employment-based immigration issues.
Categories of Employer Sponsored Green Cards
There are four categories of employer sponsored green cards. Those are EB-1 to EB-4. The category that an employee or potential employee might fall into depends on the requirements of the job and the foreign national who wants to fill the opening.
- EB-1 applies to priority workers who are foreign nationals who have extraordinary abilities. Those abilities might be in the sciences, arts, education, business or sports. EB-1 also includes researchers and professors, multinational business executives and managers.
- EB-2 is for when an individual has earned a U.S. degree or the foreign equivalent of such which is higher than a bachelor’s degree.
- EB-3 is for either a professional skilled or unskilled worker. A skilled worker holds a minimum of a U.S. bachelor’s degree or the foreign equivalent thereof. A skilled worker is capable of performing work that requires at least two years of experience or training, while an unskilled worker is capable or performing work that requires less than two years of experience or training.
- EB-4 is primarily targeted at religious workers, employees in Panama Canal related jobs, certain doctors and others.
What Does Approval Do?
Upon approval of an immigrant petition by USCIS, the employee can apply for adjustment of status, assuming that he or she is already in the United States. If the person is not in the United States, a priority date will be assigned, and that person will be eligible to apply emigrate to the United States when he or she reaches the head of the line of those who are in the same category.
How Does the Employer Begin the Process?
For EB-1 candidates, the employer must first file the Form I-140 with USCIS. For EB-2 and EB-3, the labor the Application for Permanent Labor certification must be filed. For EB-4, a Form I-360 Petition for American Widow(er) or Special Immigrant must be filed with USCIS.
The Foreign National’s Family
When the foreign national reaches the front of the line, his or her spouse and children under the age of 21 are eligible to apply as dependents. It’s the duty of the employee or potential employee to do this.
If you’re a suitable candidate for an employment-based green card, the process can move along quickly. Whether you’re an employer, an employee or even a potential employee, the employment-based green card process is complicated and confusing. Contact Maison Law Immigration Lawyers here in Bakersfield CA with your questions. Once we’re retained to represent you, we’ll capably guide you through the green card process.
Contact a California Immigration Lawyer Today
If you or a family member need assistance in obtaining a permanent residency in the United States, speak with a Central Valley immigration attorney at Maison Law Immigration Lawyers. We know what needs to be done to effectively help you. We’re committed to helping every person who intends on becoming a permanent resident of the United States in obtaining the professional legal assistance that they deserve. It’s people like you who built this country, and your family members can continue build it even better.
Learn more about other types of visas – Click here.