Employment Based Green Card
PERM Labor Certification
PERM is the application for Permanent Labor Certification from the United States Department of Labor. It is required for the EB-2 and EB-3 categories, which lead to an employment based green card. In order for a PERM application to be approved, the employer must establish that there are no qualified US workers to fill the position offered at the prevailing wage. In addition, the employer must prove that hiring a foreign national will not adversely affect the wages and working conditions of similarly employed US workers.
The PERM process can be very complicated and involves many steps which must be carefully handled in order to achieve a positive outcome. Upon successful completion of the PERM process, the employer may file an I-140 Immigrant Petition for the foreign employee in the EB-2 or EB-3 categories.
Approval of the I-140 does not necessarily mean that the employee will immediately obtain an employment based green card. Depending on the category in which the employee is classified, there may be a waiting period for a visa to become available to the foreign national.
Adjustment of Status – Employment- Based
The other pathway to adjust one’s status from non-immigrant to lawful permanent resident is through an employment-based petition. This process requires sponsorship from a U.S. employer. The foreign national must have a U.S. employer petition on his behalf. (Few immigrants can self-petition – EB1 Extraordinary Ability). The procedures for Employment-Based petitions vary according to the preference category in which the foreign nation is classified. It is important to know that the approval of an employment-based immigrant petition does not grant lawful permanent resident status to the employee. After the I-140 Petition is approved, the employee has to wait for his or her priority date to become current. One’s priority date is determined by the foreign national’s preference category and the date the petition was filed.
- Physically present in the U.S.
- Lawfully Admitted to the U.S.
- Be admissible to the United States
- Approved I-140 Petition
In very few situations, the I-140 petition may be filed concurrently with the I-485 petition.
This program is designed for those intending to invest $500,000 – $1,000,000 in the United States economy and create at least 10 jobs for U.S. workers. The standard amount required to invest is $1,000,000 USD. However, if the investor decides to create the business in a rural area or an area plagued by unemployment, the investing amount can be reduced to $500,000. There are approximately 10,000 Green Cards available for this preference category each year.
At Napier Law, we will assist with all aspects of the EB-5 process. We will help you find an area or region to start your venture. We will also help you document your source of fund and draft and file all necessary applications on your behalf.
If you are interested in applying for an investor visa, we would be glad to assist you. Fill out the form below to contact us.
Please note the use of this form for communication with the attorneys does not establish an attorney-client relationship. The information found on this site is not intended to be legal advice. It should be used for informational purposes only.