The path to Naturalization includes the first step of getting a U.S permanent residence status or what is commonly known as a greed card. This can be achieved via a range of employment-based (EB) immigration options. This type of EB visa normally requires a U.S Employer to sponsor the employee. These positions are usually long-term positions that are not considered temporary. The employer if hiring a foreign national must obtain approval through the U.S Department of Labor (DOL) and/or the USCIS, depending on the type of case. There is some limited EB categories where the foreign national may self sponsor. In some cases, the company can be owned in whole by a U.S Employer or partly by a foreign national.
There are 3 separate stages for employment-based cases. The first stage is the PERM labor certification process. The second stage is where the employer files for of an immigrant petition with the USCIS. The third stage is where the foreign national will apply for either an adjustment of state to permanent residence or for consular processing for an immigrant visa. All of this is contingent upon approval of the first two steps outlined above.
Here are some of the requirements.
- Filing a petition with the USCIS.
- A U.S employer will have to make an offer of employment to the foreign national.
- In most cases in the EB2 and all cases of EB3, the employment-based preference category will require employment sponsorship and approval of PERM labor.
- There is an option for a self-sponsorship based on qualification in the EB2 (National Interest Waiver - NIW) and EB1 (extraordinary ability) categories.
- There is also an EB5 category which is a self-sponsorship option via investment.
- All employment-based cases require the foreign national to complete the process with either an adjustment-of-status (AOS) or via consular processing (CP).
No PERM labor is required in the following categories:
- EB1 (Extraordinary Ability, Multinational Executive Transferee and Outstanding Professor/Researcher)
- EB2 (National Interest Waiver)
- EB4 (Special Immigrant)
- EB5 (Investor) cases.
Other Services offered for Employment-Based Visa include the following.
- E-1 Treaty Traders Visa
- E-2 Visa
- EB-5 Visa
- H-1B Visa
- H-2A and 2B
- H-4 Visa
- J Visas
- L -1 A and L-1 B Visas
- Labor Condition Application
- O Visas, P Visas
- RFE Response
How We Can Help You
SanSha Law Office can help potential employment-based options for U.S employers who wish to sponsor their employees as well as foreign nationals. We offer full representation throughout the EB immigration process. We can help analyze, research and come up with case strategies and represent petitioners and applicants throughout the EB Immigration process. For additional information please call us at (469) 777-6161 for your initial consultation, or if you prefer to use the Contact Us form, we will be more than happy to follow up with you. You can also click on the schedule An Appointment link on the page to schedule a meeting with us based on your convenience.