Can I Get Permanent Residency Through My Employer?
The answer is yes you can – this is done through the PERM process. Also known as an Employment based green card petition. The employer who is willing to sponsor you through this process and have the ability to pay you the prevailing wage is able to petition for their employee(s) to work for them full time as a permanent resident.
If the employee is here in the U.S. with legal status, and does not have past immigration violations which may make him or her inadmissible, then the process can be started right away. However, the prospective employee does not need to be in the U.S. to start the process. This process can be started while the prospective employee is abroad as well. The one issue we run into most frequently is if the employee is in the U.S. without status. If that is the case then most often than not other options need to be explored. With that said, let’s explore this process in general.
Sponsoring your current or future employees for a green card is typically done through the EB-1, EB-2, or EB-3 process.
EB-1A
Petitions filed under this category do not need a Labor Certifications from the Department of Labor – that is the employer does not need to prove there are no U.S. workers available, able, and willing to do the work. Some don’t even need a petitioning employer, meaning that the foreign national may be able to self-petition if their credentials places them at the top of their field of endeavor; essentially, they need to be part of the small percentage of individuals who have risen to the to the top of their field.
EB-1B
Under this category, the foreign national must prove that they stand apart in the academic community through eminence distinction based on international recognition. They must have 3 years of experience in teaching or research. Published articles and academic studies are essential to a successful petition. A job offer from a university/college is required.
EB-1C
Multinational Managers or Executives may be sponsored by a U.S. entity if they have worked abroad for a qualifying company in a managerial or executive capacity and will be continuing the same work for the petitioning company.
EB-2
Individuals with an advanced degree or a bachelor’s degree + five years of relevant work experience OR individuals who possess exceptional ability in the sciences, arts, or business may qualify for a green card under this classification. In most cases, a job offer is required.
EB-3
This is the most common category for most workers. A job offer is required. The employer needs to prove that there are no U.S. workers ready, able, or willing to do the job. This is done through testing the labor market and filing the results with the U.S. Department of Labor (DOL) under the PERM program. Once the DOL certifies the request, the employer may file the immigrant petition with USCIS.
If you have questions regarding any of these immigrant visa categories, please contact our Los Angeles, CA green card lawyer to schedule a consultation. For almost 3 decades, we have represented both individuals and U.S. employers in the green card process.
