Working in the U.S. can be the avenue to obtaining lawful permanent residence status. Unfortunately, the number of employment-based immigration visas is limited by annual allocations with only around 140,000 available. Filing an I-140 is complicated and you do not want to make a mistake that could result in denial or delay due to the high demand for such visas.
Generally, the process requires that an employer file (and pay the filing fees for) an I-140 Petition for Alien Workers stating the correct category for the basis of the I-140 Petition. Depending on the category of work-related visa, very specific types of evidence may be necessary (including Labor Certification by the Department of Labor). The U.S.-based employer will also need to provide proof of the ability to pay.
Obtaining a work-related visa can be critical to the success of your company or to obtaining lawful permanent residence status. Call me today to get your employment-based visa application started.
Some categories of employment-based immigration applications may require the employer to obtain labor certification by filing Form ETA-9089 with the Department of Labor. This labor certification must show that hiring of foreign nationals will not deprive a local worker of a job because there are insufficient U.S. workers who are able, willing, qualified, and available, depress wages, and requires the employer to file a sponsorship petition on behalf of the immigrant.
Labor certifications must accompany the I-140 Petition and are good for 180 days from the date they are issued.