Another way to obtain a green card through employment is to have a employer to sponsor you. Under both the Employment-based second preference category for those with an advanced degree or exceptional ability (EB-2) and Employment-based third preference category for skilled and unskilled workers (EB-3), you need to have an employer to start the process.
These are good for hiring domestic help, hiring employees and chefs for restaurants, and generally for any small business employers. For some examples of how we have done this successfully, see Success Stories.
These requirements must be carried out exactly as it is outlined in the regulations. It is important to have an attorney every step of the way to ensure that We work with employers closely on the following:
- Draft a job description for the position: This must be done very carefully as a well-crafted job description would ensure that the rest of the steps would go through smoothly.
- Register for an account with the US Department of Labor (DOL) Employment and Training Administration and respond to a Request for Information if needed for DOL to verify your business.
- Obtain a prevailing wage determination from US Department of Labor.
- Post recruitment with the State Workforce Agency, Notice of Filing, and Newspaper Advertisements for the position. If it is a professional position, 3 more recruitment postings are required. We advise the employer on which recruitment method may be the best for them to show “good faith” in hiring.
- File for Program Electronic Review Management (PERM) Labor Certification, ETA9089
- Respond to audit, if needed. Audits may happen if (1) there are red flags in completing the PERM Labor Certification application and we would advise the employers if there is a possibility of that prior to filing, or (2) randomly for 30% of the PERM Labor Certifications
- File I-140 employment-based green card petition for the employee. For this step, USCIS wants to know that your employer is able to pay you the wage determined by step 3 above and that you have the required experience in the job description. So we make sure that your employer’s financial statements and bank accounts are sufficient and that your past employment verification letters are sufficient.
- File I-485 adjustment of status to permanent resident for the employee and his/her family. This step also includes the filing of work permit and travel permit so that you can begin working for the employer even while your application is pending.