I-140 Immigrant Worker Petition Lawyer

Overview

Business and Employment Immigration covers a large area of immigration law. Workers, investors, nurses, doctors, MBAs, entrepreneurs, the best musicians, artists, athletes, and scientists all fall into this category. From the H-1B visa to the Labor Certification and I-140 process, to self-petitions if you are on top of your field, this area is how the U.S. attracts the best and the brightest people all over the world.

PERM Labor Certification

PERM Labor Certification is the first step in obtaining permanent residency through employment. Petitions involving the EB-2 category for those with advanced degrees (Master’s, Medical, PhD, Law, MBA, etc.) or those who work for positions requiring a Bachelor’s degree plus five years experience, and EB-3 for those with a  Bachelor’s degree, skilled workers with two or more years of experience, and unskilled workers, all have to go through this step. The objective is to prove that there is no other qualified worker for the position and, thus, the Department of Labor (DOL) should certify the application so that the employer may file an immigrant petition for the alien.

The job description of the position and the education, experience, and other qualifications of the alien are the important initial information needed for PERM. From there, a complex procedure involving prevailing wage requests, job order, internal ad postings, advertisements, recruitment, and the online filing of PERM is processed.

The DOL may audit the application, in which case the employer must submit to the DOL the required requested documents within 30 days. If the employer fails to submit documents within 30 days, the case will be denied. The DOL may also require future applications from the employer to go through supervised recruitment in the future, whether or not they want to petition any future aliens.

If the DOL is satisfied with the application, the PERM Labor Certification would be approved. The employer and the attorney will both receive an approved Labor Certification document. Both parties should keep this document in its original form. This should be signed by the attorney, the employer, and the alien, and attached when the next step, the I-140 Petition, is filed.

Contact immigration lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws pertaining to PERM Labor Certification.

I-140 Immigrant Petition for Alien Worker

After the Labor Certification is approved, the employer must file an I-140 petition to the USCIS. The original approved Labor Certification, tax returns from the time the Labor Certification was filed, copies of the alien’s Bachelor’s or Master’s degree, résumé, and past experience employment letters are some of the documents that should be submitted to support this petition.

The USCIS will classify which category the alien is in, either second or third preference. Your preference category, country of birth, and the priority date of the Labor Certification (usually the date the PERM was filed) will determine when you can file for adjustment of status (green card). Those from countries other than India and China for example, in the EB-2 category, can file for their green cards together with the I-140. The priority dates which are current in certain month could be found in the Visa Bulletin.

Contact immigration lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws pertaining to filing an I-140 Immigrant Worker Petition for Employment based Green Card.

Aliens of Extraordinary Ability I-140 EB-1

An I-140 based on an Alien of Extraordinary Ability does not need to go through the Labor Certification process. There also are no waiting times based on the visa bulletin, meaning every qualified person in every country can file for this type of I-140 and for their I-485 green card applications at the same time.

An Alien of Extraordinary Ability has to prove that s/he is on top of his or her field. Evidence of receipt of an internationally recognized award such as the Nobel Prize or an Academy Award is one way to meet this standard. If this is not available, one can meet the EB-11 standard by providing any three of the following:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields
  • Published material in professional/major trade publications or major media about the alien and relating to the alien’s work field.
  • Participation as a judge (individually or as a part of a panel) evaluating the work of others
  • Original scientific, scholarly, or artistic contributions of major significance
  • Authorship of scholarly articles in professional journals or other major media
  • Artistic exhibitions/shows
  • Leading role within an organization/establishment with a distinguished reputation
  • High salary/compensation for services in comparison to others
  • Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disc, video, or DVD sales figures. The alien must also show that the alien’s admittance into the U.S. will substantially benefit the U.S. in the future.

The applicant must also show that s/he will continue to pursue this specific work in the U.S. You cannot apply for an EB-1 I-140 for a specific field of practice then do something else once you get your green card. For these types of self-petitions, recommendation letters, publications, proof of work citation, awards and their official descriptions, are some of the documents essential to the case.

Contact immigration lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws pertaining to filing an I-140 Immigrant Worker Petition for Employment based Green Card.

National Interest Waiver I-140 EB-2

The National Interest Waiver (NIW) self-petition is another application that does not require the Labor Certification process. NIWs are in the Second Preference category.  It is much faster than the Third Preference category. Thus, if someone meets the standard, depending on where the applicant was born, one would be able to file for his or her green card faster if not simultaneous to the I-140 NIW self-petition.

The rationale for these self-petitions is that the position is in the national interest. The applicant must show that s/he is seeking work in an area of substantial intrinsic merit to the U.S., that the benefit from the applicant’s work will be national in scope, and that the national interest will be adversely affected if a Labor Certification were to be required for the applicant. Some factors to be considered regarding the applicant’s area of specialization are the effects on the U.S. economy, education, health care, environment, and the like. Again, letters of recommendation, publications, and proof of work citation, are all suggested for a strong application.

H-1B Visa

The H-1B is for aliens who would work in specialty occupations. It is important that the position requires a Bachelor’s degree, and that the company requires that position, and that the position, degree, and company are related. The employer must show a need for someone in that specialty occupation position and the potential employee must have the degree that the position requires.

To prove that the employer is in need for a person in this specialty occupation position, one must show that:

  • A Bachelor’s or higher degree is normally the minimum requirement for entry into the particular position;
  • The degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that it can be performed only by an individual with a degree;
  • The employer normally requires the degree for the position; or
  • The nature of the duties is so specialized and complex that at least a Bachelor’s degree is required.

The H-1B can be filed as early as six months before the commencement of  employment.The process involves the determination of the prevailing wage of the specific position. A Labor Condition Application (LCA) will then be filed with the DOL, which shall include the prevailing wage of the position and the area of employment. The LCA holds the employer responsible for paying the prevailing wage, among others. The signed LCA will then be attached to the H-1B filing itself, together with all the necessary documents and fees.

The H-1B shall be good for three years, which can eventually be extended for another three years.

Contact immigration lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws pertaining to filing a H-1B Immigrant Worker Petition for Employment based Green Card.

Summary of Legal Services

The employment area, whether it’s for an immigrant visa, green card, H-1B, or another type of visa, has so many steps. As a primer, my office will walk you through what to expect and the estimated time frame of each step. Concepts such as priority dates, recruitment, and advertisement periods will be thoroughly explained so you would understand the entire procedure from retention to approval, and why certain things are being requested.

A checklist of all documents and a summary of all steps will be given to each client in writing right after my office is retained. You would not go through one person to another just to get started. Efficiency is key in employment cases because every succeeding step has different requirements. If you are apprised of these expectations right from the start, your case would be handled in an efficient way. That is my goal. Thus, every step in the visa status application, immigrant visa petition, or green card process would be prepared and filed by one attorney throughout.

Listing of All Our Services in the Business and Employment Immigration Area

  • H-1B Specialty Occupation Work Visas
  • PERM Labor Certification
  • I-140 Petition for Immigrant Worker Based on Approved PERM
  • I-140 EB-1 Aliens of Extraordinary Ability
  • I-140 EB-2(C) National Interest Waiver
  • I-485 Adjustment of Status Application Based on Employment
  • I-765 Work Permit Based on a Pending I-485
  • E-1 Treaty Trader
  • E-2 Treaty Investor
  • L-1 Intra-company Transferee
  • O Visa
  • Response to Requests for Evidence
  • Response to Notice of Intent to Deny
  • Motion to Reopen
  • Appeals

Contact immigration lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws

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