If you or your loved one is contemplating permanent residency in the U.S., employment can be a pathway to obtaining a visa. To pursue this option, a job offer is required. With one, your status can be adjusted if you are in the U.S. or through the consular or embassy process overseas.
As an immigration attorney could explain in detail, the jobs an employer offers must not negatively impact American workers; there must be a niche that is not being filled. Depending on a foreign national’s skills or education, different visas will apply, although the government limits the total to 140,000 a year. If you are interested in learning whether you are eligible for this special visa, contact a Palm Bay employment-based immigration lawyer today.
There are five categories of employment-based immigration visas:
For EB-2 and EB-3 visas, an employer must first obtain the U.S. Department of Labor’s (DOL) labor certification. The employer petitions immigration service on Form I-140 for immigrant classification for the foreign national when a labor certification is not required. Then, the foreign national can apply for a green card, which authorizes lawful permanent resident status.
You have the burden of proof that you qualify for a visa in one of these five categories. A seasoned employee-based immigration attorney in Palm Bay could help you navigate the application process, gather the necessary documentation, and present a compelling case.
After filing for a labor certification or an immigration petition, you receive a priority date, which is either the date the labor certification application or the immigration petition Form I-140 is filed. From there, the next step is to wait before filing the application for permanent residency or adjustment of status (Form I-485).
The wait is until the priority date becomes current, which means there is an immigrant visa available in a petitioner’s category. Some EB categories have significantly more applicants than visas, and the wait is longer. A Palm Bay employment-based immigration attorney could advise you on wait times for green cards in particular job classifications.
Foreign nationals who are residing in their own countries can apply for immigrant visas at a U.S. embassy or consular post in their home countries. Those residing in the U.S. who have violated their status by overstaying nonimmigrant visas must return to their home countries for counselor processing, too. Depending on how long a foreign national overstays their visa, they could be barred from reentering the U.S. for three or ten years.
Those who are lawfully in the U.S. and whose priority date becomes current can apply to immigration services for adjustment of status for lawful permanent residence. You can also apply for authorization to work while an application is pending. A Palm Bay employment-based immigration attorney could ensure that all requirements are met and documentation is properly prepared to increase the likelihood of a successful outcome.
The immigration process is not easy; there are numerous regulations that you must abide by. If you do not have a family member to sponsor you, visas are allocated for those with extraordinary skills, an advanced education, or those who will contribute to America’s well-being.
We understand your excitement about living permanently in the U.S. Our Palm Bay employment-based immigration lawyer, Shoba Jaglal, has also gone through the immigration process. For experienced advocacy, contact Jag Law, PLLC, today.
