Every day the world is more competitive. Thanks to globalization, it’s common for employers to hunt for the best talent for their companies and are sometimes forced to recruit employees not only locally, but also internationally.
In order for a foreign employee to live and work permanently in the US, the employer can support him/her by resorting to the immigrant worker application process, but it’s important that you know that there are specific requirements on the type of foreign employees that can access this immigration procedure.
The skills and professional preparation of the foreign employee must allow him to enter one of the categories of visas for permanent workers. Otherwise, you may not be eligible for a Green Card based on your employment.
Next, we are going to delve a little more into this interesting and useful topic, because it’s a legitimate way that can lead you to obtain your permanent residence.
How can an employer help your foreign prospect?
As long as the position cannot be assumed by a U.S. citizen, an employer can help its foreign prospect to:
- Immigrate to the United States.
- Take on the position offered.
- Obtain permanent residence, also known as a “Green Card”.
What are the qualification requirements of the foreign employee?
The employer can help immigrate foreign prospects who have the following characteristics:
- People with exceptional ability in an area of interest to the country.
- Professionals with specialized knowledge and advanced degrees.
- Priority workers, such as professors or executives of multinationals.
- Professionals or skilled workers, but whose degree of expertise isn’t in the United States.
- Special immigrants, such as religious workers.
What are the steps to follow for the employer to help his foreign worker to obtain permanent residence?
The procedure consists of 3 major steps, which once completed, will allow your foreign employee to work and live in the United States:
- Step 1: Obtain Labor Certification
- Step 2: File the Foreign Employee Petition
- Step 3: Obtain the Permanent Resident Card
What’s Step 1?
If the foreign candidate for employment meets the qualification requirements, the first thing the employer must do is obtain a Labor Certification, which may not be required, depending on the type of category where they are located.
This document must be requested from the US Department of Labor (DOL, for its acronym in English).
The DOL must certify in that document that the employer was unable to find US workers who could carry out that job and verify the candidate’s work experience and professional credentials.
What’s Step 2?
If the certification is approved by DOL, or if it’s not required, the employer must file Form I-140: Petition for a Foreign Worker with the USCIS. The only exception occurs if it’s a special immigrant, because in this case he must file Form I-360.
Once the application is approved, the employer must wait until the employee is issued an immigrant visa number. This number assigns the foreign employee an appointment or priority shift, according to this order his case will be evaluated to obtain legal permanent residence.
This process is handled by the US Department of State (DOS, for its acronym in English).
The waiting periods for immigrant visas vary based on many factors. For example, the country or region to which the employee belongs and the volume of people who apply for the Green Card within the same type of visa category.
What’s Step 3?
After receiving an immigrant visa number, the foreign employee is entitled to an immigrant visa to enter and work in the US.
Next, the process will vary, depending on:
- If the employee is already in the US: You must submit the application to adjust her status to that of legal permanent resident.
- If the employee is outside the US: You must complete the process at the US Embassy or Consulate Office in your home country.
At Tramites de Inmigracion USA Corp we have a highly qualified team of immigration lawyers, which has a lot of experience in everything concerning immigration processes. Together, we will achieve your goals!
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For more information or to schedule an appointment, contact us by calling 1 (786) 776-7152 or 1 (786) 786-5088.