Sponsoring Employees for Permanent Residence / Green Card

Qualifying for a Green Card through Labor Certification

In many industries foreign workers are in demand and our mission is to help our business clients meet their hiring needs efficiently. If you are an employer or an employee, contact us now via e-mail or call us at (202) 986-8686 for green card solutions.

Qualifying the Employee for "Green Cards" Through Labor Certification

As a general rule, before a foreign national can gain legal permanent residence (a "green card") through employment, the employer must show there are not enough U.S. citizens who are able, willing, and qualified for this employment. This is called "labor certification", and requires the employer to do specific types of recruitment to test the employment market and document the results. (In certain cases labor certification may be avoided). The education and experience required for the position must be within certain parameters, and the wage must not be below the prevailing wage determined by the state.

If there aren't enough U.S. citizens who are qualified or willing to do this work, the labor certification may be filed electronically (PERM, or Program Electronic Review Management System). Once approved, an immigrant visa petition and adjustment of status application (application for permanent residence, or "green card" application) may be filed when there are immigrant visa numbers available for the employment-based immigrant visa category. The immigrant visa numbers are allocated according to the applicants "priority date", which is the date the labor certification was filed. For more information see the State Departments Visa Bulletin. The availability of immigrant visas based on employment varies by skill level (1st though 3rd preference) and by nationality, and generally workers with advanced degrees face a shorter wait.

Contact Ana Jacobs & Associates P.C. to learn more about sponsoring employees for green cards. Call us at 202-986-8686.