Employment Based Immigration

Employment Based Immigration Attorney – San Jose, CA
 
You can become a resident citizen if your US-based employer wishes to sponsor your lawful permanent residency. Anyone wishing to gain permanent resident status in the United State will be able to gain residency faster and efficiently if they have the chance for work and are filing with a San Jose Employment Based Immigration attorney.

Applying for a visa that is termed ‘employment-based’ will require that your employer complies with United States Citizenship and Immigration Services’ guidelines and shows you are a possible candidate for lawful permanent residency. The next step will require that your employer turn in a certification application (Form ETA-750) on your behalf and is granted or rejected by the Department of Labor’s Administration office.

If the Labor Certification is issued by the Dept of Labor, a petition for a visa is submitted by your employer or by an employment based immigration lawyer in San Jose and must be approved by the Immigration Services. This petition (Form I-140, Petition for Alien Worker) serves as a notice that your employer will be sponsoring you as the beneficiary. If you are filing to work as a physician in an underserved area, the U.S. Department of Health and Human Services will not require a Labor Certification as long as you are qualified immigrant. Once granted, your Immigrant Visa Number will be given to acknowledge your ability to work. With your visa number, the next step will require that an application to change your status to Permanent Resident.

Immigrants can file under EB-1 (Priority Workers) which includes professors, managers, executives, or anyone with outstanding abilities. Others will file under EB-2 if they have an advanced degree or exceptional ability in art, business, or science. Filing under EB-3 is for workers who have a bachelor’s degree, two years of work experience, or are an unskilled laborer. EB-4 special immigrants are categorized here if they are doing religious work or were an employee of the United States government in a foreign land. Immigrant investors who wish to start a business in the US will file under EB-5.

The process can also be filed by our employment based immigration lawyer in San Jose on your behalf that understands the five categories to apply for. Furthermore, a San Jose employment based immigration attorney will be knowledgeable in laws concerning citizenship and will be sure to fight for your right to become a permanent resident in the shortest amount of time.