Employment is one of the ways in which people can receive lawful permanent resident (i.e. green card) status in the United States. There are five categories of employment-based petitions. Labor certification is required for two of them: EB2-Professionals with Advanced Degrees or Exceptional Ability and EB3-Skilled/Professional Workers. The other categories of employment-based petitions are exempt from having to go through labor certification.
In order to attain permanent residency (i.e. green card) status through these two employment-based petitions, a sponsoring employer must file an Application for Labor Certification, which is also referred to as a PERM Application, with the U.S. Department of Labor.
Then there must also be an immigration petition filed with the U.S. Citizenship and Immigration Service, followed by either an adjustment of status application or consular processing application with the U.S. Citizenship and Immigration Service depending on whether the employee is in the United States or abroad at the time.
The overall process for U.S.-based employers to sponsor an employee to obtain a green card can take a while. The U.S.-based employers must prove that there was little or no candidates that qualified for that employment position within the United States thus prompting them to bring in employees from abroad.
Before coming to the decision to bring in foreign workers, the U.S.-based employers must have first advertised for the position and interviewed possible candidates for the position who are U.S. citizens. In order to show that there was a shortage of qualified candidates in the U.S., the U.S.-based employer must go through the PERM Labor Certification process and submit a PERM Application to the U.S. Department of Labor.
It is wise to hire an attorney to assist in the Labor Certification process because the procedure, which requires going through multiple government agencies, may be confusing and any mistake can be disastrous due to the lengthy nature of the process. Once the application is filed, it cannot be corrected. Any mistakes, typos, or insufficient parts submitted by the employer or employee can lead to a denial of the application. Inexperienced applicants could submit the wrong form, or simply omit necessary information, which could result in unsatisfactory requirements and qualifications.
If you are a U.S.-based employer and seeking to sponsor an employee to obtain a green card, you should consider hiring an attorney to navigate the process for your firm. At Raheen Law Group, we can help you understand the complicated process and guide you through it. Raheen Law Group will help you complete and file everything properly and timely.
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