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Getting permanent
residence (a "green card") through employment takes a
long time for most employees. Before any job is given to a foreign
national, it is the objective of the US government to insure that
a US citizen has a chance to get that job first. It is also the
government's objective to insure that the influx of foreign workers
does not cause salaries and wages to go down. For these reasons,
almost all jobs that may be offered to a foreign national have to
first be certified by the US Department of Labor as having been
advertised and made available to US citizens, and that the wages
offered were the equivalent of the prevailing wage level in that
area. Only after it has been determined and proven that no qualified
US citizen is available to take the job will the US Department of
Labor allow an employer to bring in a foreign national as a permanent
employee. (These restrictions do not apply to lawful permanent residents
who already have employment authorization. They may apply for and
accept any job that is offered.) The employment category covers both temporary and "immigrant" employer sponsorship. There are numerous employment-based categories and in order to ascertain which type of visa is appropriate, the goals of the employer-sponsor must be evaluated. Several of the temporary employment-based categories are subject to an annual quota, based on the U.S. government fiscal year, commencing on October 1 of each year. Foreign nationals from Mexico, China, India and the Philippines are subject to separate quotas (meaning a waiting list) for all the immigrant employment-based categories (i.e., permanent residence). This means that an adjustment of status application cannot be filed until the priority date of the I-140 or I-360 becomes current. There are also long waiting lists for many regular employment-based applications. Our law firm does work for multi-national corporations and small businesses that sponsor foreign nationals for employment visas. We have also successfully represented individual professional foreign nationals seeking self-sponsorship. Please call us at 919-788-9996 to have a board-certified immigration attorney working for you today. |
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