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Employment-Based Immigration

One of the most popular ways for a foreign national to become a U.S. permanent resident (i.e., obtain a green card) is by finding an employer to sponsor the foreign national for a green card through one of the many employment-based immigration petitions.

The majority of employment-based petitions require foreign worker to have a job offer for permanent and full-time employment from a U.S. employer.  The job offer must be for a permanent position (not a seasonal position such as a ski instructor who only works in the winter, or a farmer’s assistant who only works during the harvest). However, the position can be in any field – medicine, management, engineering, marketing, education, IT/computer science, etc.  Churches and related religious institutions can also sponsor foreign workers for such positions as a priest or minister.  At the Callan Law Firm,P.C., we have helped employers and foreign workers qualify almost any position for an employment-based immigration petition.

Most employment-based petitions require a three-step process.  First, the employer (with the assistance of an experienced immigration attorney) files a labor certification application, which is also called a PERM application, with the U.S. Department of Labor.  The second part of the process comes after the Department of Labor approves the PERM.  Once this happens, the employer files the Form I-140 Petition with U.S. Citizenship and Immigration Services (USCIS).  Third, the foreign national applies for the green card (if he/she is physically inside the U.S.) or applies for an immigrant visa at the U.S. consulate in his/her home country (if he/she is abroad).

Now, although most employment-based petitions require a U.S. employer, there are multiple types of immigrant petitions that an eligible foreign national can file on his or her own behalf. These immigrant petitions are called self-sponsored petitions.  Self-sponsored petitions can be a great option for qualifying foreign nationals because, since there is no requirement  for an employer to be involved, there is no PERM application that is filed with the DOL. Rather, the foreign national applicant proceeds straight to the second step in the process, the Form I-140 Petition.

Self-sponsored petitions can be divided into two categories: Extraordinary Ability petitions and National Interest Waivers.  You may qualify for an Extraordinary Ability petition or a National Interest Waiver if you have enjoyed great success and been recognized for significant achievements in your field.  These petitions are particularly well-suited for doctors, researchers, engineers, computer scientists, and business professionals, but  successful members of any science, art, education, business or athletic field can also qualify for Extraordinary Ability or a National Interest Waiver.

How We Can Help You

The Callan Law Firm, P.C. evaluates all potential employment-based green card options for U.S. employers seeking to sponsor foreign workers.  We are also happy to assist individual foreign nationals who wish to pursue the self-sponsored petitions. Our attorneys will work with you to identify your precise immigration goals in order to develop a case strategy that is specifically tailored to fit your needs.  We pride ourselves on offering highly client-oriented services that ensures you are kept informed at all stages of your case, and we are always available to answer your questions and explain the progression of your case.

Our exceptionally talented attorneys provide an honest evaluation of every case’s likelihood of success and we maintain an outstanding success rate for employment-based petitions.  Your case deserves the individualized attention offered by our staff and we are committed to ensuring that you are satisfied with your immigration processing at all times.  Contact us today to begin your immigration journey to the United States!