Permanent Employment Visa Lawyer
Member of the American Immigration Lawyers Association (AILA)
- Does your company seek to employ an educated foreign national?
- Does your company employ foreign nationals on L or H visas? Do you want to help these people obtain permanent employment visas and ensure their ability to work indefinitely in the U.S. as a permanent resident?
- Are you a foreign national present in the U.S. on a valid H visa or L visa and want to obtain permanent residence?
- Are you a worker of extraordinary ability?
- Are you an outstanding professor and/or researcher?
- Do you hold an advanced degree beyond a bachelor's degree?
At Philip Eichorn Co., LPA, our immigration lawyer is experienced in filing labor certification cases through PERM (Program Electronic Review Management) and assisting U.S. companies and foreign nationals obtain permanent employment visas (EB visas). We represent several Fortune 1000 companies throughout the United States.
Dedicated, Experienced, Client-Focused
E-mail or Call 866-868-6644 Today • Free Initial Attorney Consultation
With strategically placed offices in Cleveland, Columbus, Charlotte, Raleigh and Las Vegas, we are capable of responding to and quickly resolving complex labor certification issues in Ohio, North Carolina, Nevada and nationwide. We assist both employers and immigrants in employment-based immigration matters, including permanent employment visas and temporary work visas.
The Process for Obtaining Permanent U.S. Residency Based on Employment
The process for obtaining permanent residence based on employment is comprised of three phases: the labor certification (now known as PERM), the immigrant petition, and the application for adjustment of status.
PERM Labor Certification: A foreign national cannot be admitted as a permanent resident unless, among other qualifications, the employer obtains this labor certification from U.S. Department of Labor (USDOL). The labor certification requirement can be waived for certain foreign nationals. Labor certifications are statements from the Department of Labor that a particular job at a particular U.S. employer is "available" because no U.S. citizens or permanent resident workers are qualified, willing and able to accept the recruited for position.
Once the job duties and requirements of the job are defined, the employer must partake in an extensive recruitment process. Recruitment now requires:
a. An employer on-site job posting (for ten consecutive business days)
b. An employer placed job order with the SWA (State Workforce Agency) for 30 days
c. An employer placed job advertisement on two different Sundays in a newspaper of general circulation (ads must be more than 30, but not more than 180 days before filing)
d. At least three of the following recruitment methods:
- Job fairs
- Employer web site
- Job search Web site other than employer’s
- On-campus recruiting
- Trade or professional organizations
- Private employment firms
- Employee referral program with incentives
- A notice of job opening at a campus placement office
- Local and ethnic newspapers
- Radio and television advertisements
Note that recruitment listed in a, b, and c was the norm for labor certification. PERM now also requires the recruitment methods under item d.
Exceptions to the Labor Certification Process
Exceptions to the labor certification process exist for aliens in occupations experiencing shortages of workers such as registered nurses, physical therapists, sheep herders. In addition to these exceptions, aliens demonstrating that they possess "extraordinary ability" in business, science and arts, aliens who are multinational executives or managers, aliens whose work is deemed in the "national interest," and aliens who are outstanding university level teachers and researchers in tenure-track jobs can be excepted from the labor certification process.
If the foreign national is present in the U.S. during the processing of the labor certification or applying to USCIS, he/she must maintain valid immigration status. This is a critical component of the process and one that is often overlooked. The foreign national must be in a nonimmigrant status that permits dual intent, such as H or L. Extensions of these visas must be applied for and received to ensure compliance.
In all employment visa matters (whether for permanent or temporary residence) it is easy to make mistakes. Working with an experienced immigration law firm can help you avoid unnecessary delays and pitfalls when applying for a permanent employment visa. If you want to apply for permanent resident status with confidence that you have complied with all regulations and requirements, please call 866-868-6644 or e-mail Philip Eichorn Co., LPA.
