If you are a foreign national and have been offered a permanent job in the United States, or your employer is transferring you to the U.S., you can apply for an employment visa leading to permanent residency status in America.
The U.S. Government issues a set number of these visas annually to those who meet specific qualifications. A local lawyer could explain the Boston employment Green Card process and assist you with completing all the necessary paperwork. Contact our firm today to discuss your situation with a seasoned business immigration attorney.
U.S. immigration law restricts most people from entering the country to work. However, 8 United States Code §1153(b) allows specific categories of workers the opportunity to obtain permanent legal residency. In rare cases, such as an applicant being an Alien of Extraordinary Ability or if the individual qualifies for a National Interest Waiver, workers could apply for permanent residency directly without going through the labor certification process. In other words, they can “self-petition.”
Aliens of Extraordinary Ability are individuals like professors, respected researchers, artists, athletes, and executives of multinational companies. Many of these workers wish to move to Boston because of its successful professional teams, prestigious universities, flourishing arts community, and thriving biotechnology industry. A Boston immigration attorney has significant experience representing foreign nationals and helping Aliens of Extraordinary Ability secure non-temporary employment visas to work in the U.S. Click this link for more information on the EB-1 visa for aliens of extraordinary ability.
Additionally, some immigrants may be eligible for a National Interest Waiver. For example, qualified physicians willing to practice medicine in underserved areas may be suitable. Click this link for more information on the EB-2 visa with the National Interest Waiver.
Other foreign nationals with specific skills could get a visa entitling them to immigrate to the U.S. permanently. Depending on the job category, a worker seeking an EB-2 (without a National Interest waiver) or an EB-3 visa must demonstrate that they have the training and skills necessary to perform the position.
First, the employer wishing to bring in a foreign national for employment with an EB-2 or EB-3 visa must certify that doing so will not adversely affect the job opportunities or wages of U.S. citizens, including determining what wage or salary the company must pay as a minimum. This information is called the “prevailing wage determination.” Then, they must apply to the Department of Labor for a permanent labor certification (PERM). A Boston immigration attorney could assist an employer through the PERM process.
The employer must prove there are insufficient U.S. citizens able, qualified, and willing to do the job. The employer must show that they have attempted to recruit U.S. citizens for the position and have been unsuccessful. They also must demonstrate that the salary it offers is the prevailing wage for workers in that position in the locale. Once the U.S. Department of Labor issues the PERM certification, the foreign national could submit their visa application.
Once an employer has obtained the PERM certification, the worker might apply for permanent residency. Like all immigration matters, the specific procedure depends on multiple variables. Both the employer and the employee will need to file applications to secure permanent residence for the worker, and the worker’s category cannot be backlogged or face a per-country cap (notably India, China, Mexico, and the Philippines).
Many issues could arise during the permanent residency application process, including the availability of visas in the worker’s category or country, or questions surrounding an applicant’s background or status. If someone is experiencing a similar delay in receiving their green card, a Boston immigration attorney could help them to address this issue.
Once an applicant has permanent residency, their immediate family members also receive permanent residency if they were included in the initial application. If the initial application was only for the worker, they could sponsor their family members to join them in the U.S. upon receiving their green card.
If you are a foreign national with hopes to live and work in the U.S. permanently, enlisting the help of a lawyer could prove vital in securing legal residency through the Boston employment Green Card process. These immigration rules are complex, and the paperwork requirements may be daunting without knowledgeable legal guidance.
An experienced attorney could explain every step of the visa procedure and assist if there are delays in processing your application. Contact our firm today to get started.