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Philadelphia Immigration Lawyer > Philadelphia Employment-Based Green Card Lawyer

Philadelphia Employment-Based Green Card Lawyer

A green card confers lawful permanent resident status on a foreign national, which means they can live in the U.S. permanently. Employment-based green cards are one of the most popular ways foreign nationals stay in the U.S. However, the process is complicated for both employers and workers, and a Philadelphia employment based green card lawyer is a terrific asset to have.

Contact Ellenberg Law Group today. We understand what documents must be filed and can keep you on track to complete the process in a timely manner. We work with both foreign national workers and U.S.-based employers.

Helping Workers & Employers

The process for obtaining an employment-based green card will differ for each person. Some workers are already in the U.S. on a visa, like the H-1B visa. Others are outside the country waiting to receive permission to come and start a job.

The process usually begins with a sponsoring employer filing a petition on behalf of a worker. If the worker is already in the U.S., the worker can apply to adjust their status. If outside the U.S., the worker will need to go through consular processing.

Employers must jump through many hoops before they obtain permission to hire a foreign national. Most employers will need a permanent labor certification from the Department of Labor. The certification has many names, but PERM labor certification is the most common.

This certification is necessary to protect U.S. workers from competition from foreign nationals and protect the foreign national from exploitation. The PERM labor certification process is detailed and can take months to complete. In short, you will need to prove you cannot find a U.S. citizen or lawful permanent resident to work in your job for the pay offered. You also need to show you are not paying less than the prevailing wage in your industry and area.

The demand for employment-based green cards is high. The government has created preference categories for workers and allocates visas between them:

  • First Preference (EB1): This category is for foreign nationals with extraordinary ability who are at the top of their fields, as well as outstanding professors/researchers and certain business executives or managers of multinational corporations. This preference category does not require a labor certification, but some will need a job offer before they can come to the U.S.
  • Second Preference (E2): Foreign nationals with advanced degrees or exceptional ability in arts, sciences, or business can receive this preference. A job offer and labor certification are typically required.
  • Third Preference (E3): Those seeking full-time employment might qualify for third preference. This category includes skilled workers, professionals, and others.
  • Fourth Preference (E4): Special immigrants qualify for this category, including certain religious workers and retired employees of international organizations.

Reach Out to Us for More Information

We are experienced immigration attorneys helping Philadelphia-area companies obtain the talent they need. We have also helped many workers receive employment-based green cards. For more information about the process, call us to speak with a Philadelphia employment based green card lawyer today.

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