Cleveland Employment Based Green Card Attorneys

There are a variety of options for employers and foreign nationals seeking to obtain permanent resident status (“green card”) through employment. The U.S. limits the number of employment based green cards each year to 140,000. Those 140,000 are distributed among several employment based (EB) categories.

The EB-1 preference is that of “priority workers.” These are persons of “extraordinary ability,” “outstanding professors and researchers,” and “multinational executives and managers.” The second preference category, EB-2, includes persons holding advanced degrees or persons of “exceptional ability.” The third preference, EB-3, is for bachelor degree holders, skilled and other workers. The fourth preference, EB-4, is for special immigrants such as religious workers or returning residents and finally the fifth preference (commonly referred to as EB-5) is for people who make significant investments in the U.S. and create at least 10 jobs for U.S. workers.

Most employment-based or “EB” options require sponsorship by a U.S. employer. For those in the EB-1 category, no PERM is necessary and some foreign nationals may self-petition. This substantially decreases the processing time but the requirements are higher and more difficult to satisfy.

To petition for an employment based green card, the employer must first obtain a certification from the Department of Labor, called a PERM or “labor certification,” indicating that no U.S. workers were qualified, willing and able to take that job and that the employer will pay the prevailing wage for specific job duties. After the Department of Labor certifies the PERM, the employer files an I-140 visa petition for the employee with USCIS. Once USCIS approves the I-140 and depending on their preference category (EB-2 or EB-3) and the beneficiary’s country of chargeability (generally the country of birth and not the country of citizenship), the employee files an application to adjust status (I-485) either immediately if the preference category and the country of chargeability are “current” or in the future if the preference category and country of chargeability is backlogged.

Hopefully this gives you a bit of background as to the process. This is not all inclusive and as you can expect there are many nuances and issues along the way.

We Can Help

The Hammond Law Group, LLC works with Fortune 100 companies, IT companies and healthcare companies throughout the U.S. helping resolve the employment based green card issues. We evaluate all potential employment based options for U.S. employers wishing to sponsor workers. We also work with individual foreign nationals and determine if self-petitioning through an extraordinary ability EB-1 or an national interest waiver or if simply going through their employer will be the path of least resistance and most economical. Our attorneys can analyze these options, develop case strategies, and represent petitioners and applicants throughout the EB immigration process.

Contact an Employment Based Immigration Lawyer

Contact our offices if you want to apply for permanent resident status for your employee or you, as the employee have been told to find an immigration lawyer for your case, please call 216-970-7102 or e-mail Hammond Law Group, LLC to schedule a consultation today.