Banerjee Explains How to Apply for Permanent Residency through Employment

By November 21, 2010News & Press

Labor certification allows beneficiaries to enter the U.S. through employment. Before employers hire aliens, they have to prove to the Department of Labor that there are no qualified citizens or Green Card holders to fill the position, and must thoroughly test the labor market to find qualified applicants. This is done by posting and advertizing the position and interviewing candidates.

“Applying for Permanent Residency can be a daunting lengthy process; therefore, it is helpful to know how many employment-based permanent residency categories there are and which closely describes you,” said Annie Banerjee of The Law Offices of Annie Banerjee, a Houston-based immigration lawyer.

There are five categories under employment-based green cards. Note that there are labor certification requirements for all categories except EB-1 and EB-5, which go directly to 1-480 (Visa Petition status) or the 1-485 (Adjustment of Status).

(Employment Based) EB-1 is generally for L-1A managers, outstanding professors or researchers and extraordinary ability aliens. They do not require labor certification like the others but they have high standards and requirements to meet and would only need to file I-140 and I-485.

With an EB-2, a labor certification is required and is for the beneficiary who holds an advanced degree – a minimum of a master’s degree. He or she would have to meet the Exceptional Ability requirements.

EB-3 holders are usually members of a profession holding at least a bachelor’s degree. They would also need a labor certification and EB-4s are reserved for religious workers.

Investors need an EB-5. Although there is no labor certification required, they must at least invest $1 million in cities – or $500,000 in “targeted employment” – and employ at least 10 full-time U.S. employees.

A qualified immigration law office can guide skillful aliens through the application process and advise them of the steps and requirements they would need for an employment based permanent residency Green Card.

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