For professionals entering the country to work, they may ultimately wish to seek permanent residence. The immigration attorneys at Reddy & Neumann work with employers and professionals to help employees find a clear path to residency in the United States, helping businesses grow and talented professionals build the career and life that they want.
PERM Labor Certification
When there is a shortage of U.S. workers to fill a specific position, a U.S. employer can sponsor an immigrant worker through the permanent labor certification process. For the employee to gain entry, the Department of Labor must certify that a shortage of U.S. workers exists in the position they are applying for and that the employer will pay the prevailing wage. If approved, the workers can be sponsored for an immigrant petition in order to ultimately receive permanent residence.
Our business immigration lawyers help employers complete the intricate steps of the PERM process to support the employee’s entry into the country. As part of that process, we assist them in drafting the employment advertisement and review the candidate’s credentials to ensure that they meet the necessary qualifications.
The I-140 petition is the second step in the permanent residency process for most employment-based immigrants. The petition can be submitted once the worker has been approved for immigration through the PERM labor certification process. During this step in the process, workers will be placed in a preference category:
- First preference: Professionals of extraordinary ability, outstanding professors and researchers, and multinational managers or executives. This category does not require a PERM labor certification.
- Second preference: Professionals with an advanced degree such as a master’s degree or higher. Professionals who can demonstrate exceptional ability may also qualify.
- Third preference: Professionals with a bachelor’s degree.
There are two other preference categories, but those apply mainly to laborers.
EB-1 Priority Workers
We work with many professionals who qualify for the first preference category, those with extraordinary ability. People who qualify for this preference category are people such as Olympic medalists, Pulitzer or Nobel prize winners, and other people who are true leaders in their fields. If you believe that you or one of your candidates qualifies for EB-1 status, we can help you navigate the permanent residency process.
Adjustment of Status
An adjustment of status is the last step for applying for permanent residence in the United States for many immigrant professionals. The process allows you to apply for permanent residency if you are already in the United States. In other words, filing a petition for permanent residency through the adjustment of status process means that you do not need to return to your home country. To apply, if an immigrant visa is available to you based on your country of birth and preference category, you must complete Form I-485, which can be filed in either situation:
- You have already filed your Form I-140 and your application is pending or approved; or
- You can file Form I-485 concurrently when you file your Form I-140.
Reach Out to Us to Learn More
At Reddy & Neumann, we know how important it is for businesses to be able to recruit and retain the talent they need in order to compete in today’s global marketplace. Whether you are a professional or a business, we can help you navigate the permanent residence process – call us at 713-953-7787 or contact us today to discuss how we can meet your needs.