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Employment Based Residency

An individual can obtain permanent residence in the United States known in English as a "Green Card"

 

This method is carried out through an offer or employment opportunity which allows in its modality to obtain permanent residence.

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Unlike a temporary worker, permanent workers will be able to stay in the US indefinitely as long as they continue to work for the same company or organization.

 

These will require a visa:

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EB-1:  For a foreigner with extraordinary abilities, such as a professor or an executive

EB-2: Foreigners with advanced education degrees, and who have an approved labor Certification, foreigners who qualify for forgiveness for national interest known in English as "National Interest Waiver"; or foreigners who are practicing physicians in an area of the country less served by physicians

EB-3: Foreigners with professional titles, workers with specific work skills or not, whose Labor Certification has been approved

EB-4: Aliens working with religious organizations, Aliens commuting across the US border to work; Employees of international organizations, employees and former employees of the US government abroad; and, translators of languages spoken in Iraq and Afghanistan

EB-5: Foreigners who are investing the minimum amount required by law to date is between 1 million to 500 thousand USD, in a company that will benefit the economy of the United States and create full-time jobs for at least 10 american workers.

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Labor Certification

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To obtain permanent residence in the United States through employment in certain categories, it is essential to carry out the labor certification process

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The labor certification process is a document issued by the DOL in the name of the employer so that you can proceed with the foreign worker petition before USCIS.
The purpose of this procedure is to demonstrate to the government its need to hire the applicant for the following reasons:


• There are not enough US workers available, qualified and willing to fill the position being offered at the current wage.
• Hiring a foreign worker will not adversely affect wages and working conditions for US workers with similar jobs.

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Application for Certification

 

The employermust demonstrate That the applicant is absolutely irreplaceable by a resident worker, or American citizen.


• The salary and working conditions offered must be predominant in the industry and locality, thus avoiding a negative impact on salaries and working conditions for American citizens; The employer or sponsoring company has the ability to pay the foreigner the prevailing wage in the
industry

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Once the application is approved, the employer can file an Immigration Petition for Alien Worker, form I-140

 

To file Form I-140, the sponsoring employer must present clear evidence that the company has the ability to pay the prevailing wage. This is usually determined by examining the company's federal tax returns.

 

The employer must also give the employee a Job Offer letter, and the
Employee must demonstrate that they have the experience required for the position

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Filing Fee for these Visas : Varies depending on whether it is ordered Inside or outside the United States

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