Employment-Based Immigration

Helping Employers and Foreign Workers through the Employment-Based Immigration Journey

Employment-based immigration allows foreign nationals to obtain lawful permanent residency (a green card) through a permanent job opportunity in the United States. This process not only benefits qualified foreign workers seeking long-term opportunities in the U.S. but also helps American employers recruit and retain global talent.

Overview of the Process

1. Labor Certification (PERM)
   For most employment-based categories, the U.S. employer must first obtain labor certification from the U.S. Department of Labor. This step confirms that no qualified U.S. workers are available for the position and that hiring a foreign worker will not negatively affect wages or working conditions for U.S. employees.
2. Immigrant Worker Petition (Form I-140)
   Once labor certification is approved, the employer may file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the foreign worker’s eligibility for the employment-based immigrant visa category.
3. Apply for Permanent Residency
   When a visa number becomes available, the foreign worker may apply for a green card:

• Inside the U.S.: By filing Form I-485 to adjust status to lawful permanent resident.
• Outside the U.S.: Through consular processing at a U.S. Embassy or Consulate abroad.

4. Attend Interview and Receive Green Card
   Applicants must attend an interview at a local field office of USCIS, a U.S. Embassy, or a consulate abroad. Upon approval, the foreign worker becomes a lawful permanent resident.

How Attorney Hall Can Help

Attorney Hall assists both employers and foreign professionals in navigating the complex employment-based immigration process. Her services include:

• Evaluating the appropriate immigrant visa classification
• Reviewing job positions for eligibility
• Conducting prevailing wage analysis
• Guiding employers through recruitment and advertising requirements
• Preparing and filing labor certification (PERM) applications
• Preparing and filing immigrant worker petitions (Form I-140)
• Assisting with adjustment of status or consular processing of the immigrant visa

Attorney Hall is committed to delivering high-quality, efficient legal representation to ensure compliance with all regulations and to help employers and employees achieve their immigration goals.