Permanent Residence Based on Employment and Family
Employment-based immigration to the United States
Sponsoring an employee for permanent residence (“green card”) is a multi-step process involving two (sometimes three) separate agencies. There’s a lot at stake: money, time, and an employee’s future. In some cases, it’s also about the future of the employee’s family. With so much at stake, the slow-moving permanent residence process can be stressful. We get it. We try to find the fastest way to permanent residence for your employees.
We help employers and their employees figure out the right employment-based category for permanent residence. The three most common categories (each of which has sub-categories) are:
Employment-based Category 1 (“EB-1 - Priority Workers”)
Individuals with Extraordinary Ability
Outstanding Professors and Researchers
International Managers or Executives
Employment-based Category 2 (“EB-2”)
Professionals with Advanced Degrees
Individuals working in the National Interest
Employment-based Category 3 (“EB-3”)
Other workers (typically unskilled labor that is not temporary)
For EB-2 and EB-3 cases, a test of the U.S. labor market is normally required, and we guide clients through this complex process of labor certification with the Department of Labor. We also help with applications for permanent residence for the employee’s accompanying family members. For employees who are abroad or wish to apply for their immigrant visas overseas, we assist with visa processing at U.S. Consulates (“consular processing”).
Family-based immigration to the United States
Some aspects of U.S. immigration law are very supportive of keeping families together. Spouses, parents and children (under the age of 21) of U.S. citizens are immediately eligible for permanent residence. We particularly enjoy these cases and have extensive experience in marriage-based cases where a U.S. citizen spouse is sponsoring his or her foreign national spouse for permanent residence. We also help U.S. citizens sponsor their fiances for admission to the United States. Finally, we assist lawful permanent residents sponsor their spouses and children, and advise them on when their relatives will become eligible to apply for permanent residence.
Other areas of U.S. immigration law are harsh and result in families being separated. For foreign nationals who have U.S. citizen spouses and/or children but who are facing removal for being unlawfully present or criminal convictions, obtaining relief can be complicated, and involve hearings before an Immigration Judge and possible appeals to the Board of Immigration Appeals. We can help individuals understand the options available to them and obtain relief.