A foreign national can obtain permanent residence through employment, and the Law Office of Catherine Brown can assist you through this complicated process from our Denver office.
There are five basic categories or “preferences” as referred to in immigration law which either allow a worker to “self-petition” or require a US employer to sponsor them. Within these categories, some petitions may require labor certification and others will not.
Those petitions that do not require a US Employer and do NOT require a procedure called Labor Certification are:
• Aliens of Extraordinary Ability
• Business Persons, Athletes, Scientists, Entertainers, Artists
• Aliens whose work is in the National Interest (National Interest Waiver)
• Entrepreneur Aliens
The following petitions require a US Employer but do NOT require a procedure called Labor Certification:
• Aliens who are Outstanding Researchers/Professors
• Aliens who are Multinational Executives or Managers
• Schedule A professions (Example: Therapists, Nurses, Professors)
The following petitions require a US Employer and Labor Certification:
• Aliens in the Advanced Professions (Job Requires more than Bachelor’s or at least Bachelor’s plus 5 years of progressive experience)
• Aliens who are Skilled Workers (have 2 years or more of prior work experience and job requires 2 years experience to perform);
• Other Workers (unskilled)
What is Labor Certification (PERM)?
Labor Certification is a procedure through the US Department of Labor that requires the US employer to determine if any US workers are able and willing to do the job. It essentially means the job must be advertised to the US public. The procedure is also referred to PERM;
Petitioning for the Foreign Worker (I-140)
Once labor certification is complete or if inapplicable, the self-petitioner or US Employer will file a Form I-140 Petition to indicate eligibility for obtaining permanent residence. Eligibility requirements and timing will vary for each type of category. This varies in each category.
If you wish to obtain a green card through work or employment in Colorado or elsewhere in the United States and have questions about the green card process, contact Denver, Colorado immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.