Permanent Residency Through Employment: An Introduction

Permanent Residency through Employment can be a daunting undertaking for even the most organized immigrant trying to gain a green card  in the United States. Take some tips from BMK LLP Senior Associate Samuel Newbold in order to understand this process and get organized to make your permanent residency through employment a success.

From the applicant’s perspective, there are several challenges to overcome in this process. Immigration options through employment can be limited, and the applicant is sometimes completely dependent on their employer for green card sponsorship. For the Employment-Based Second or Third Preference Category, known colloquially as EB-2 or EB-3, the applicant must meet the education and/or experience requirements and for nationals of certain countries, such as India and China, the immigration benefits are not immediate.

The EB-2 and EB-3 green card categories are subject to quotas; Congress sets the limit to how many people can immigrate to the United States every year (about 140,000 for all employment-based green card categories). No particular country can go over the 7% cap for their quota, so this makes it very difficult for nationals of India and China specifically to gain a green card, often waiting over a decade. At BMK, we specialize in keeping the applicant in the United States in non-immigrant status using a variety of methods while waiting for a green card.

Although this is a difficult task, it is much easier if the applicant is organized and motivated. The applicant needs to be able to show employment; possess required education or experience and abide by Department of Labor Requirements. Certain foreign nationals may qualify for National Interest Waivers to bypass the labor recruitment process or may qualify under the EB-1 category.

A few things that BMK recommends having ready for your first meeting:

  • A resume with skills, education and job history
  • If in the United States on a visa, for how long? And what type of visa?
  • If the applicant has a job offer, what industry the company is in, does it have offices across the world and the size of the company

Employment-based immigration benefits are not immediate, but at BMKLLP we are known for being able to maneuver difficult immigration situations and find solutions for our clients. These options take timing and planning; as such, our Attorney-Client relationship often lasts many years, sometimes over a decade. We are dedicated to finding the right solution for each of our clients. For more information please call us at (888) 506-1291 or visit us at http://bmkllp.com/