Philadelphia Employment-Based Immigration Lawyer
Immigrants power the U.S. economy. Without them, we would have far fewer startups, and critical job openings would remain unfulfilled. Helpfully, the U.S. has created multiple pathways for foreign nationals to immigrate to the U.S. and become permanent residents. Employers seeking to tap a foreign labor pool must first make sure they obtain a labor certification from the Department of Labor. Call Ellenberg Law Group today. We can simplify the process for both immigrants and their prospective employers. Call our Philadelphia employment-based immigration lawyer today.
The government has created preference categories and distributes the number of visas according to preference. Here is a quick overview:
- E1: First preference. Outstanding researchers and professors, multinational executives and managers, as well as any person with extraordinary ability in education, business, athletics, or the arts and sciences.
- E2: Second preference. Professionals with advanced degrees and those with exceptional ability in the arts, sciences, or business.
- E3: Third preference. Skilled workers, professionals, and other unskilled workers.
- E4: Fourth preference. Special immigrants, including Iraqi or Afghan interpreters, certain religious ministers, special juvenile immigrants, and others.
- E5: Investors. Capital investors who create jobs in the U.S.
A spouse and unmarried children under age 21 can also accompany the worker to the U.S. They will have to complete the required forms and would benefit from a lawyer’s help.
The Approval Process
Hiring a foreign national can be a daunting prospect. The government seeks to protect current U.S. workers, so employers must seek a labor certification. This certification requires attesting that you will pay the foreign national at least the prevailing wage and employ them in similar work conditions. An employer also must show they couldn’t hire a citizen at the wage they are offering. This labor certification process is called PERM for short.
Once approved, the employer files Form I-140, Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). A person who has extraordinary abilities can self-petition to come to the U.S. and does not need a job offer.
The National Visa Center will process the application and notify the applicant of required fees, forms, and documents. Applicants will also be instructed to show up for an interview with an official at the Embassy or Consulate. Once approved, the worker is given a visa packet which they will present at the port of entry. An official will determine if the immigrant is admissible at that point.
Experienced Immigration Attorneys
The U.S. limits the number of employment-based immigrant visas each year. Any mistake on an application could result in a denial or delay. Employers seeking labor certification need to follow all requirements. Any misstatement or deliberate omission could result in exclusion from participating in these programs.
Contact Ellenberg Law Group today to get started. We encourage employers to build out enough time to complete the certification process. Reach out to our Philadelphia employment based immigration lawyer as soon as possible. We will walk you through the process and help complete required applications and forms in a timely manner.