U.S Permanent Residence
Commonly referred to as Green Card status may be gained through a range of employment-based (EB) immigration options. Many of the EB options require the sponsorship of a U.S. employer.
The employer must intend to hire the foreign national on a long-term basis for a position that is not considered temporary. The employer must obtain approval through the U.S. Department of Labor (DOL) and/or the USCIS, depending upon the type of case.
In limited EB categories, the foreign national may self-sponsor. In some cases, the U.S. employer can be or must be a company owned in whole or in part by the foreign national.
Many EB cases require three separate stages. In such cases, the first stage is the PERM labor certification (PERM labor) process. The second stage is the filing of an immigrant petition with the USCIS by the employer. The third stage requires the foreign national to apply either for adjustment of status to permanent residence or for consular processing for an immigrant visa, based upon approval of the first two steps.
There are considerable variations in the requirements within the EB options.
- All cases require the filing of a petition with the USCIS.
- Most cases require a permanent offer of employment from a U.S. employer.
- All cases in the employment-based, third (EB3) and most cases in the employment-based second (EB2) preference categories require employment sponsorship and approval of PERM labor.
- Self sponsorship, based upon qualifications, is available in EB2 (National Interest Waiver – NIW) and EB1 (extraordinary ability) categories.
- Self sponsorship via investment is available in the EB5 category.
- No PERM labor is required in EB1 (Extraordinary Ability, Multinational Executive Transferee and Outstanding Professor/Researcher), EB2 (National Interest Waiver), EB4 (Special Immigrant) or EB5 (Investor) cases.
- All EB cases require that the foreign national complete the process with either an adjustment-of-status (AOS) or consular processing (CP) application.
How We Can Help You
- Emandi Law Firm can evaluate potential EB options for U.S. employers who wish to sponsor workers, as well as for foreign nationals. We provide full-scope representation throughout the EB immigration process. We can analyze options, develop case strategies, and represent petitioners and applicants throughout the EB immigration process.
- Emandi Law Firm has extensive experience with PERM labor, and the related matters of educational equivalencies and employers’ ability to pay. We have a long record of success in the special category, EB1 (extraordinary ability and outstanding professor / researcher) green card cases, and EB2 NIW petitions. We are also experienced and available to represent qualified foreign national EB5 investors and those categorized under EB4, special immigrants, including religious workers.
For More on Employment Based Green Cards, See Success Stories and our Blog
Family-based immigrant petitions are filed by either U.S. citizens or permanent residents. The term immediate relative applies to limited relatives of U.S. citizens, including spouses, parents, and children. Special rules apply for spouses of U.S. citizens, if marriage is less than two years in duration.
The term preference relative applies to certain other relatives of U.S. citizens and permanent residents. Preference relatives include: married and unmarried sons and/or daughters (over 21) of U.S. citizens; brothers and/or sisters of U.S. citizens. Also included as preference relatives are: spouses, minor children, and unmarried sons and/or daughters (over 21) of U.S. permanent residents.
Preference relatives cannot obtain permanent residence until their priority dates are current.
Immediate relatives do not face waiting times for visa availability. Immediate relatives in the United States may qualify to file Form I-485 to adjust status. Preference relatives often face very long waiting times, due to strict annual limits on permanent immigration benefits. The length of the wait depends upon which family preference category is appropriate, as well as the country of origin.
- The sponsoring relative must file a petition (Form I-130) on behalf of the qualifying foreign national relative. If the relative is outside the U.S., the immigrant visa case will proceed via consular processing.
- Immediate relatives require an I-130 filing for each sponsored family member.
- Sufficient documentation of the qualifying family relationship must be provided.
- Family-based cases generally require an affidavit of support.
How We Can Help You
- Emandi Law Firm can assist in preparation for and representation at interviews at USCIS offices or U.S. consulates.
- We advise with regard to legal issues and assist in all types of family-based immigration cases at local USCIS offices, service centers, and U.S. consulates abroad.