Employment Requirements for all employment based applications:
This is designed to bring highly skilled, specially trained personnel to fill jobs in the U.S. for which American employers cannot find qualified employees.
- The job offer must be for permanent, full-time employment at prevailing U.S. wages. The U.S. Department of Labor defines the prevailing wage rate as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. The employer should consult O*Net website to define job requirements and ascertain the basic requirement for specified position. (*** When examining labor certifications, the Department of Labor is checking to see if the employer created a job description with minimum requirements to suit a particular alien and in effect limit a U.S. job applicant's chance to fill this position. ***)
- Employer shall file for prevailing wage determination to define the wage for the employee. Use the Department of Labor website to request Prevailing wage determination.
- Most of the employment based green card classifications require labor certification (Form ETA9098 fill-able form) from the Department of Labor before I-140 petition can be filed.
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...
