Visas employment based migration lawyer in houston, texas

Overview

If you want to become an immigrant based on the fact that you have a stable employment opportunity in America, or if you are an employer that wants to sponsor someone for lawful residency based on perdurable employment in the US, you must go through a multi-step process.

  • First, foreign nationals and employers must determine if the foreign national is eligible for lawful perennial residency under one of USCIS’ paths to lawful residency.
  • Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant and submit it to the Department of Labor’s Employment and Training Administration. The Department of Labor must either grant or deny the certification request.
  • Third, USCIS must approve an immigrant indictment petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the U.S. The employer wishing to bring the applicant to the States to work constantly files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a set basis in Houston.
  • Fourth, the State Department must give the applicant an immigrant number, even if the applicant is already in the U.S.A. When the applicant receives all the required data, it means that an immigrant has been assigned to the applicant. You can check the status of your number in the Department of State’s Bulletin.
  • Fifth, if the applicant is already in the United States, he or she must apply to adjust to constant resident status after an ID number becomes available. If the applicant is outside, when an immigrant number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

 

Eligibility

There are four categories for granting permanent residence to external nationals based upon employment:

EB-1 Priority workers
  • Nationals of extraordinary ability in the sciences, arts, education, business or athletics
  • National that are outstanding professors or researchers
  • Nationals that are managers and executives subject to international transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability
  • Nationals of exceptional ability in the sciences, arts or business
  • Nationals that are advanced degree professionals
  • Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.
EB-3 Skilled or professional employees
  • National professionals with bachelor’s degrees (not qualifying for a higher preference category)
  • National skilled people (minimum two years training and experience)
  • National unskilled people
EB-4 Special Immigrants
  • National religious workmen
  • Employees and former employees of the U.S. Government abroad

 

How to Apply

If you are an employer wishing to sponsor (or petition) for a national to work in the US on a permanent basis, the filing requirements differ for each of the above five categories. Generally, the EB-2 and the EB-3 categories will require a PERM to be filed and approved by the DOL. Form I-140, Petition for Alien Worker will have to be filed with USCIS after the PERM approval.
In general, the EB-1 classification does not require a PERM approval from DOL and the FORM I-140 can be filed directly with USCIS. Detailed information is provided in the instructions for Form I-140.

For EB-4 special operative must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the USCIS Service Center. Detailed filing information is provided in the instructions for Form I-360.

The Department of State is responsible for providing ID numbers to distant nationals interested in immigrating to America. To find out more about the Department of State’s documentation process visit the Department of State website for specific information on how to get an immigrant certification number. To check the status of an identification paper number you can review the Department of State’s file bulletin.

 

CONTACT A BOARD-CERTIFIED IMMIGRATION ATTORNEY AT ADAN G. VEGA & ASSOCIATES, PLLC

We represent clients worldwide and offer consultations with an experienced Board-Certified voyage lawyer, either by telephone or at our Houston office. To schedule an appointment to talk privately with one of our experienced attorneys, call (713) 527-9606 or contact us online.