A Guide to Employment-Based Permanent Residence
Navigating the journey to employment-based permanent residence in the United States can be exciting and daunting. This path allows foreign nationals to live and work permanently in the U.S., offering a gateway to the American dream. At Malvern C Burnett Law Offices, we are committed to guiding you through this intricate process with our expertise and personalized solutions.
Understanding Employment-Based Permanent Residence
Employment-based permanent residence, commonly known as a "green card," encompasses several preference categories, each catering to different professional backgrounds and skill sets. Here’s a closer look at what each category involves:
EB-1: Priority Workers
This category is reserved for individuals with extraordinary achievements and skills across various fields:
EB-1A
This subcategory is for individuals with extraordinary abilities in sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim. Unlike other categories, EB-1A applicants can self-petition, making it a more flexible option for those who qualify.
EB-1B
It is designed for outstanding professors and researchers who are recognized internationally and have at least three years of experience in teaching or research. Applicants must have an offer of employment from a U.S. institution.
EB-1C
This subcategory targets multinational managers or executives who have served in a managerial capacity for a qualifying overseas firm for at least one year within the three years preceding the petition.
EB-2: Professionals with Advanced Degrees or Exceptional Ability
The EB-2 category caters to professionals with exceptional qualifications:
EB-2A
Professionals holding an advanced degree (or its equivalent) and a job offer from a U.S. employer. The job must require an advanced degree as a minimum qualification.
EB-2B
Individuals with exceptional ability in sciences, arts, or business, are demonstrated through significant achievements and recognition in their field.
National Interest Waiver (NIW)
Allows applicants to request a waiver of the job offer requirement if they can prove their work benefits the U.S. significantly. This subcategory allows applicants to self-petition, offering greater flexibility.
EB-3: Skilled Workers, Professionals, and Other Workers
This category is for those who meet specific employment criteria:
EB-3A
Skilled workers with at least two years of job experience or training. The position must not be temporary or seasonal.
EB-3B
Professionals who hold a bachelor's degree or its foreign equivalent and are performing work for which qualified workers are unavailable in the U.S.
EB-3C
Other workers perform unskilled labor that requires less than two years of training or experience.
Steps to Obtain Employment-Based Permanent Residence
Obtaining a green card through employment involves several critical steps, each requiring careful attention and preparation:
1.
Labor Certification (if required): Most EB-2 and EB-3 applicants need a labor certification from the Department of Labor. This process verifies that there are no qualified U.S. workers available for the position, ensuring that foreign workers do not adversely affect job opportunities for American workers.
2.
Filing the Immigrant Petition: The employer must file an I-140 Immigrant Petition for Alien Worker on behalf of the applicant. This crucial step establishes the applicant’s eligibility for the chosen employment-based category.
3.
Adjustment of Status or Consular Processing: If the applicant is already in the U.S., they can apply for an adjustment of status using Form I-485 once their priority date is current. Those outside the U.S. will undergo consular processing at a U.S. embassy or consulate.
4.
Green Card Issuance: Upon approval of the application, the applicant receives a green card, granting them permanent resident status.
Overcoming Challenges with Malvern C Burnett Law Offices
The path to securing an employment-based green card is fraught with potential challenges, including navigating complex legal requirements, extensive documentation, and potential delays. At Malvern C Burnett Law Offices, we recognize these hurdles and are dedicated to helping you overcome them.
Our team brings over 37 years of experience in immigration law, equipping us with the knowledge to handle even the most complex cases. We pride ourselves on our personalized approach, taking the time to understand your unique circumstances and exploring every legal avenue to achieve your immigration goals.
Our successful track record, with over 2,350 individuals gaining permanent residency, stands as a testament to our commitment and expertise. We are prepared to assist you at every stage, from preparing your application to providing representation in immigration courts.
Contact Us Today
If you're considering applying for
employment-based permanent residence, let the experienced attorneys at Malvern C Burnett Law Offices guide you through the process. We invite you to schedule a consultation and take the first step towards achieving your American dream. Let us be your trusted partner in this important journey.
