Employment-Based Immigration
Employment-based immigration is the process of becoming a permanent resident of the U.S. based on employment in the United States. In most cases, the process begins with the employer submitting a labor certification application to the Department of Labor, to prove that no minimally qualified U.S. worker is available to fill the position which will be offered to the foreign national applicant.
The next step will be for the employer to file a Form I-140, Immigrant Petition for Alien Worker with USCIS. Once the foreign national worker possesses an approved petition and a current priority date, he or she may apply for permanent residence either by Adjust of Status or Consular Processing.
*The labor certification process and petitioning employer requirements may be waived for certain highly-skilled foreign nationals.
This summary of Employment-Based Immigration does not represent legal advice to any specific case. Interested applicants are advised to consult with an immigration attorney prior to initiating the process.
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