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Employment Based Green Card Lawyer in DC: Immigration for Work

With a history spanning over 25 years, ILG’s Employment-Based Green Card Lawyers have been unwavering in their commitment to providing strong legal representation for US immigration to clients globally. Every client and case is of utmost importance to us, as we recognize the valuable contributions of immigration to the United States.

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What is an Employment-Based Green Card

Employment-based immigrant petition processes involve navigating intricate immigration laws. Employers, aiming to bring foreign nationals to the U.S. and seeking national interest waivers, significantly benefit from seasoned employment-based immigration attorneys. Our dedicated team specializes in employment-based immigration services, providing comprehensive legal support for labor certifications, immigrant petitions, and more.

Whether for executives, professionals, or those with extraordinary ability, Immigration Group’s expertise ensures compliance with USCIS standards. Contact immigration lawyers in DC to explore how employment-based green card attorneys can streamline your path, contributing to individual success and national interest.

Employment-Based Green Card Requirements

Educational and Professional Qualifications

Applicant must possess a relevant Bachelor's degree or advanced degree for professional occupations and meet specific educational criteria crucial for the job position.

Exceptional Abilities and Expertise

Applicant must showcase exceptional ability or expertise significantly contributing to the field, demonstrating outstanding achievements and international recognition.

Labor Certification and Job Offer

The applicant is required to undergo the PERM labor certification process to verify no qualified U.S. workers are available for the job and to secure a valid job offer from a U.S. employer willing to sponsor the green card application.

Immigration Petitions and Visa Categories

Applicant must file an immigrant petition, often an I-140 petition, with USCIS, and categorize the application under the appropriate employment-based immigrant visa, considering factors like skill level and priority.

National Interest Waiver Considerations

An applicant can consider a National Interest Waiver which involves demonstrating qualifications that serve the national interest, providing a unique avenue for certain individuals to bypass the labor certification process.

U.S Green Card Application Process

Obtaining a U.S. green card through employment involves a meticulous, multi-step process, requiring coordination with various agencies. The pathway to employment-based green cards, particularly through the Program Electronic Review Management (PERM) labor certification process, is characterized by complexity and stringent requirements.

Initiate Prevailing Wage Request

The employer kicks off the PERM process by submitting a prevailing wage request to the U.S. Department of Labor (DOL). This request includes details about the job offer, such as job requirements, duties, and worksite location.

Receive Prevailing Wage Determination (PWD)

DOL issues a prevailing wage determination (PWD) stating the required wage for the specific job position in the specific worksite location.

Conduct "Good Faith" Recruitment

The recruitment stage is pivotal in demonstrating to the DOL that no willing and qualified U.S. workers applied for the job. Employers must conduct "good faith" recruitment, genuinely aimed at attracting available U.S. workers.

Navigate Complex Recruitment Rules

Classify jobs as professional or non-professional occupations based on education requirements. Follow intricate recruitment processes tailored to professional and non-professional occupations.

Mandatory PERM Recruitment Activities

Place a 30-day job order with the local State Workforce Agency (SWA). Publish ads in newspapers or professional journals on two different Sundays. Additional advertising may be required for professional positions. An internal job notice for 10 consecutive business days also provides essential information.

Additional Recruitment for Professional Positions:

Depending on the nature of the position, engage in additional recruitment through various channels like job fairs, employer's website, on-campus recruiting, and more.

Interview U.S. Applicants:

After advertisements run, interview U.S. applicants meeting the minimum requirements. Employer must document lawful, job-related reasons for rejecting minimally qualified U.S. workers.

File PERM Application (ETA Form 9089):

After completing the recruitment, file the PERM application with the DOL using ETA Form 9089. Employer must provide comprehensive information about the job opportunity, recruitment process, and details of the foreign worker.

DOL Adjudication:

Await DOL adjudication, which may take 3-8 months. Possible outcomes include approval, denial, or audit. In the case of an audit, respond with evidence of and results of recruitment.

Responsibility and Timing Considerations:

Employers are solely responsible for PERM advertisement costs; foreign workers cannot cover these expenses. Adhere to specific timing requirements, including the duration of job orders, internal postings, and waiting periods.

File I-140 Petition:

Subsequent to approved PERM, file an I-140 petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign employee. File within 180 days from the date the Labor Certification is approved by the DOL.

Maintain Priority Date:

Understand the significance of the priority date, remaining permanent unless the I-140 is revoked for misrepresentation. Facilitate smoother job transitions without losing the established priority date.

Change of Employers and Priority Date Transfer:

If changing employers and the I-140 is not revoked, retain the priority date for subsequent processes, even with a new employer.

Why ILG and How We Help

Navigating the complexities of immigration law, particularly concerning employment based green cards, can be intricate. Here’s why securing the services of an experienced attorney is imperative:

Profound Understanding of Immigration Law

An adept employment based green card attorney specializes in immigration law, ensuring a thorough comprehension of the intricate legal nuances involved throughout the application process. This expertise is indispensable in formulating a strong application that satisfies all requirements. We are a Washington, D.C.-based Immigration Law firm with a minimum of two decades of experience in immigration law, possessing an in-depth knowledge of its intricacies.

Curated Immigration Solutions for Your Special Concerns

Each employment based green card case is distinctive, demanding a personalized approach. An experienced immigration attorney evaluates your specific circumstances, whether you’re establishing a new office, transferring employees, or seeking permanent residency. This customized strategy enhances the probability of success.

Extensive Track Record of Success

Glen Wasserstein is an attorney who has been featured in interviews by NBC, BBC, and Fox News, making frequent appearances on National Television to discuss immigration matters. An experienced employment based green card lawyer with a history of success demonstrates their ability to navigate the complexities of the immigration landscape. This track record of accomplishments instills confidence in clients seeking dependable immigration solutions.

Documents Needed

In the process of obtaining a U.S. green card through employment, specific documents play a pivotal role in navigating the intricacies of the PERM (Program Electronic Review Management) process.

Documents Required for an Employment-Based Green Card

Prevailing Wage Determination Request - Employers must furnish comprehensive details regarding the job offer to the U.S. Department of Labor (DOL). This includes outlining job requirements, duties, and worksite location. The DOL utilizes this information to issue a prevailing wage determination (PWD), specifying the required wage for the specific job position in the designated worksite location.

Recruitment Records - As the core of the PERM process lies in demonstrating that no willing and qualified U.S. workers applied for the job, meticulous records of recruitment efforts are vital. This includes job orders, advertisements, and internal postings. The complexity of recruitment rules demands detailed documentation.

ETA Form 9089 Information - Employers must gather comprehensive information on the foreign national worker for the filing of the PERM application using ETA Form 9089. This form provides the DOL with details, including worksite location, job duties, requirements, and prevailing wage. It also outlines the employer's recruitment process, specifying where and when the ads were placed, and details about the foreign national worker, such as place of birth, education credentials, and work experience.

Employment-Based Green Card Duration

Visa Duration or Validity

1. SWA Job Order - The employer places a job order with the local State Workforce Agency (SWA) for a period of 30 consecutive calendar days.

2. Internal Posting Notice - The employer must post an internal job posting for ten consecutive business days.

3. Submission of ETA Form 9089 - The employer must observe a waiting period of at least 30 days from the expiration date of the job order or posting notice (whichever comes later) before filing the ETA Form 9089 with the Department of Labor (DOL).

4. Adjudication - The Department of Labor (DOL) requires 3-8 months to assess the PERM application.

5. Timing Issues - The SWA job order must run for 30 consecutive calendar days, the internal posting notice for 10 consecutive business days, and none of the advertisements can exceed 180 days at the time of filing.

Employment-Based Green Card Renewal

Renewing your Employment-Based Green Card is a straightforward process. If your card is expiring soon, follow these steps:

1. Complete the renewal application online or by mail.
2. Gather necessary supporting documents.
3. Pay government fees, if applicable.
4. Submit your application promptly.
5. Await the issuance of your renewed green card.

Remember, an expired green card doesn't affect your lawful U.S. permanent resident status. It's merely an update to ensure you possess the latest version, allowing for seamless living, working, and re-entry into the United States.

Client Reviews

What an amazing team to work with. SO grateful for Jen, Catherine and the whole team, who worked so hard and were so patient with us through this whole process of obtaining our green cards. They are truly experts and can be trusted without a doubt to help you with your immigration needs! Utmost professionals and a pleasure to work with.

Sarah C.

Immigration Law Group has a wonderful team of lawyers. They handled my h1b and permanent residence paperwork in a way that really made me feel comfortable and brought me peace through a very stressful time. they are on top of things and always answered my questions in a timely manner. I highly recommend them if you want to make sure everything goes perfectly.

Kiran M.

Everyone at Immigration Law Group, from the attorneys to support staff, have been nothing but helpful, well-informed, and courteous to me from the start until now. Jen, and Catherine in particular, have been super helpful in explaining complicated procedures and processes in easy to understand ways–yet not dumbing down to the level where they are leaving out important details. I feel confident and knowledgeable with ILG working on my case, and there’s a personal level of communication and trust, which also puts me at ease during a difficult and tricky process. I highly recommend Immigration Law Group–I’m so glad I found them!

Andrew O.

We are very satisfied with the Immigration Law Group and the services they had provided us so far. They have very capable staff that is always on top of our cases and help us navigate them successfully. We have had great success with all cases and their rates are very reasonable. They know Immigration law better than any other law firm we worked with. I would recommend them without hesitation!

Alina T.

Frequently Asked Questions (FAQs)

Employment-based immigration refers to the process of obtaining legal permanent residence in the United States through employment opportunities. It differs from other immigration categories by prioritizing individuals with specific skills, including skilled workers, to contribute to the U.S. workforce.

Employment-based immigration lawyers specialize in navigating the complexities of obtaining lawful permanent resident status. They provide invaluable assistance in understanding visa categories, ensuring compliance with immigration laws, and optimizing the application process for skilled workers and other individuals seeking United States citizenship.

Skilled workers should consider factors such as the visa category that best aligns with their qualifications and the specific employment opportunity. Seeking guidance from experienced employment-based immigration lawyers can ensure a smooth and successful immigration process.

 

Acquiring Lawful Permanent Resident status is a significant step towards United States citizenship. Employment-based immigrant visas provide a pathway for individuals to establish permanent residency, marking a crucial milestone in the journey toward citizenship.

Acquiring a U.S. green card through employment involves a complex, multi-step process known as PERM (Program Electronic Review Management). In PERM Step 1, employers request a prevailing wage determination (PWD) from the Department of Labor (DOL) based on job details. Step 2, the recruitment stage, requires “good faith” efforts to attract U.S. workers through activities like job orders, newspaper ads, and internal postings. Employers must interview qualified U.S. applicants and document lawful reasons for rejections. After completing recruitment, employers submit the PERM application (ETA Form 9089) to the DOL. The DOL then takes 3-8 months to approve, deny, or audit the PERM. Following PERM approval, Step 2 involves filing an I-140 petition with USCIS for the immigrant worker’s permanent residency, with priority dates transferrable under certain conditions. Consulting experienced attorneys is recommended due to the intricacies and irreversible nature of PERM recruitment.

We’re ILG, your Immigration Specialists

We Believe in Immigration. We ensure that all our clients get the best chance to a new life in the United States.