Employment-Based Permanent Residency
Counsel From A Highly Qualified Williamson County Immigration Lawyer
Salas Law guides employers through the process of sponsoring employees
for permanent residency. Employment-based permanent residency is the process
by which an employer sponsors an employee in obtaining lawful permanent
resident status so that the employee may permanently work for the employer
in the United States.
What is the process?
The three-step process for obtaining employment-based permanent residency
starts, in most cases, with the employer obtaining an approved labor certification
from the U.S. Department of Labor (DOL).
Step 1: Labor certification. The employer must demonstrate to DOL that there are
no minimally qualified U.S. workers who can fill the position that the
employer needs the foreign national to fill on a permanent basis. The
employer demonstrates this need by a performing a series of recruitment
steps designated by DOL. If there are no minimally qualified applicants,
DOL will issue the labor certification.
Step 2: After the labor certification has been granted by DOL, or if such a request
is not required, the employer continues the process by filing Form I-140,
Immigrant Petition for Alien Worker, with U.S. Citizenship & Immigration
Step 3: When Form I-140 has been approved and an employment-based visa is available,
the employee files Form I-485, Application to Register Permanent Residence
or Adjust Status, with USCIS.
What are the employment-based visa categories?
According to the U.S. Department of State, approximately 140,000 employment-based
immigrant visas are made available every fiscal year to qualified applicants
under the provisions of U.S. immigration law. These employment-based (EB)
immigrant visas are divided into five preference categories.
EB-1 is the employment first-preference category, which is reserved for
aliens with extraordinary ability in the sciences, arts, education, business,
or athletics; outstanding professors or researchers; and multinational
executives and managers. Individuals in this category do not need a labor
certification. They are eligible to file Form I-140 with USCIS. If approved,
they may file the I-485.
EB-2 is the employment second-preference category, which is reserved for
aliens who, because of their exceptional ability in the sciences, arts,
or business, will substantially benefit the national economy, cultural,
or educational interests or welfare of the U.S. as well as for aliens
who are members of professions holding advanced degrees or their equivalent.
EB-3 is the employment third-preference category, which consists of aliens
with at least two years of experience as skilled workers; professionals
with a baccalaureate degree; and other workers with less than two years
of experience, such as an unskilled worker who can perform labor for which
qualified workers are not available in the U.S.
EB-4 is the employment fourth-preference category, which consists of religious
workers, certain employees of the U.S. government abroad, Panama Canal
employees, international organization classes, plus juveniles declared
dependent by a U.S. court. This category encompasses a large pool of immigrants,
so speak with a
Williamson County immigration attorney to learn whether you qualify.
EB-5 is the Immigrant Investor Program, which allows investors who invest
in new commercial enterprise to obtain permanent residency. This program
was created by Congress in 1990 in order to try and stimulate the economy
by creating jobs & obtaining investments from foreign investors.
Criteria for EB-5 Eligibility
Required minimum investments are:
- General: The minimum qualifying investment in the U.S. is $1 million.
- Targeted employment area (high-unemployment or rural area): The minimum
qualifying investment either within a high-unemployment area or rural
area in the U.S. is $500,000.
Job-creation requirements include:
Within 2 years of admission to the U.S. as a conditional permanent resident,
the investor must create or maintain at least 10 full-time jobs, either
directly or indirectly.
- Direct jobs are jobs that are located within the commercial enterprise
into which the EB-5 investor has directly invested capital.
- Indirect jobs are those jobs that have been created collaterally or as
a result of capital invested in a commercial enterprise that is affiliated
with a regional center by an EB-5 investor.
Don't hesitate to
call Salas Law today if you want to learn whether you qualify for an employment-based
visa or if you need help applying for one. The team is here to help you!
We are conveniently located in Round Rock, TX and serve all of Williamson County!