Goose Creek Employment-Based Immigration Lawyer

Whether you are an employer having trouble filling available positions with qualified Americans or are a foreign national hoping to move to the U.S. permanently, you can seek an employment-based immigration visa. The U.S. issues thousands of employment-based immigration visas annually.

Almost all employment-based immigration visas require workers to have a verified job offer. These visas confer Legal Permanent Resident (LPR) status, commonly called a Green Card. LPRs have the right to apply for citizenship after they have been U.S. residents for at least ten years.

The rules governing these visas are complex and difficult to navigate without professional help from an attorney at Miller | Conway. A Goose Creek employment-based immigration lawyer has a thorough knowledge of the requirements and a deep understanding of immigration regulations, easing the application process for the employer and worker.

How to Demonstrate the Need for a Foreign Worker?

Protecting the livelihood of American workers is a fundamental tenet of U.S. immigration policy. Accordingly, most prospective employers of foreign workers must prove they need to bring a foreign worker to the U.S. because they cannot find a qualified permanent resident to take the job.

Most employers must get a “labor certification” from the Department of Labor (DOL) before offering a job to a foreign worker. DOL will only issue a certification when the employer proves the following:

  • The job is a full-time, permanent position
  • The qualifications the employer seeks are similar to the qualifications other employers require for similar jobs
  • When any of the employer’s job qualification requirements are unusual, they must demonstrate the business necessity of the unusual requirement
  • The job pays at least the prevailing wage for workers in similar jobs in the area where the job exists
  • The wage the employer pays to people in similar positions

The employer also must establish that they have made good-faith efforts to find a qualified U.S. citizen or permanent resident for the job and were unsuccessful.

Once the employer receives the DOL certification, they can offer the job to a foreign national. The employer must submit Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). When USCIS approves the employer’s petition, the worker can apply for a visa.

The DOL strives to make decisions about labor certification within 60 days of receiving the completed application, but errors or omissions could cause delays. A knowledgeable Goose Creek attorney can go over the labor certification requirements with you and review your job-based immigration application to ensure it is accurate.

Which Employment-Based Visas Do Not Require DOL Certification?

DOL certification is an extra step that adds to an employer’s burden when seeking foreign labor and can delay entry for the foreign worker. Some employment-based immigration visas do not require DOL certification. A hardworking attorney in Goose Creek will analyze the circumstances and identify the visa with the least burdensome requirements, possibly avoiding the need for a job offer or labor certification in some cases.

For example, a company can sponsor an executive or manager posted overseas for an EB1-C visa without obtaining labor certification. The individual must have worked for the foreign office of the employer, a subsidiary, or a parent company for at least one of the three years preceding the application. Some people in the “special immigrant” category, who have worked overseas for specific employers, can receive an employment-based immigration visa without a job offer or labor certification.

People of extraordinary ability who have achieved worldwide recognition in business, science, the arts, education, or athletics can apply for an immigration visa without a job offer or sponsor. People with outstanding credentials as professors or researchers could apply for an immigration visa with a job offer, but the prospective employer need not obtain labor certification.

Consult a Goose Creek Attorney About Obtaining a Work Visa

Immigration law is complex. Successfully obtaining a visa to work in the U.S. and acquiring LPR status requires meticulous attention to detail. A Goose Creek employment-based immigration lawyer could help you avoid mistakes and unnecessary delays.

When you are an employer and want to bring a foreign national to the U.S. for work, seeking professional help with an immigration visa application is a wise investment. Contact a Charleston-based advocate today.