Permanent Residence Through Employment
Delaware & Pennsylvania Immigration Lawyers
In order to be eligible for permanent residence through employment one must meet certain criteria. These criteria are listed below. For most of these filings labor certification is necessary. Labor certification is explained below. Other filings, like the National Interest Waiver Filings and Extraordinary Ability Filings do not require labor certification. The Immigration at Hogan & Vandenberg can help you obtain residence via employment if you meet the criteria. They can be reached at 302-225-2734. They have offices in Wilmington, Delaware, Philadelphia, Pennsylvania and Allentown, Pennsylvania for your convenience.
Employment Based Residence Criteria
1. An employer based in the United States sponsors you for a permanent, full time job
2. You must possess the necessary skills and education that allow you to perform that job
3. The employer has deemed qualified U.S. workers as unavailable. This must be done via a required recruitment process.
4. The U. S. based employer can prove they have the ability to pay your wage/salary
There are several steps in achieving permanent residence through employment. The first is to provide the U. S. Department of Labor that no American workers qualify for the specified job. Any foreign applicant must apply for the job under preference categories. They are subject to their native countries quotas. A priority date must be assigned as well. A priority date is the date that the employer files the necessary labor certification forms. The priority date acknowledges the legally recognized date that the waiting period for a green card begins to elapse. Once the employer files the forms the U. S. Department of Labor replies with instructions concerning how to properly advertise for the job. Once it is established that no qualified American candidates arise the labor certification is approved and step #2 begins. The Labor Cert. process can take several years in some states. A skilled Immigration Attorney can help you with this process and set realistic time frame expectations.
U.S. immigration law allows for employers to sponsor certain employees for permanent residency/employment authorization. To win approval, the company submits a Labor Certification on behalf of the position the person holds or will hold. There are two main issues that must be overcome: 1) demonstrate that the job would not otherwise be awarded to an eligible person already authorized to work in the U.S.; and 2) the offered wage is “competitive,” according to the U.S. government.
To prove the first issue, the company must advertise for the job prior to filing the PERM application and show the difficulty in filing the position by providing results from interviews, resumes, etc. For the second, the wage is approved by local Dept. of Labor office.
Of course, there are many legal details involved in meeting these regulations. That’s why the attorney and HR will work together to ensure that a quality, approvable application is developed and submitted.
Once the PERM/Labor Certification is approved, the company would file form I-140 to start the Adjustment of Status process the employee may file for adjustment of status
Contact The Law Office of Hogan & Vandenberg
Immigrating to the United States can be a time consuming, laborious and emotionally draining endeavor. It may make sense to have a highly qualified Immigration Lawyer on your side to help you navigate through the legal immigration process. Call the Law office of Hogan & Vandenberg at 302-225-2734 in Delaware to discuss your options. If you are in Pennsylvania call 610-664-6271.