Doraville Employment Based Immigration Lawyer

For some companies, finding qualified employees can be difficult. Many employers look overseas to fill vacancies for positions that they are unable to hire for domestically. While thousands of visas are issued for foreign workers each year, that does not mean the process is simple.

If you are an employer, a Doraville employment-based immigration lawyer may be able to help you address your labor shortage. There are strict requirements that come with this process, and attempting it on your own is risky. Let a dedicated immigration attorney guide you every step of the way.

Securing a Labor Certificate

Obtaining an employment-based visa comes with some additional steps compared to other programs. Before a person can be eligible for a work permit, their prospective employer must initiate the process. This starts with obtaining a Permanent Employment Certification, or PERM. The Department of Labor issues a PERM when they determine that importing a foreign worker is necessary to fulfill a need.

The employer must prove certain factors are present before they are eligible for certification. The job offered must be a full-time, permanent position. They must also establish that they advertised the position but have not had any luck finding a qualified lawful permanent resident or U.S. citizen willing to take it. The requirements for the position must align with industry standards for the type of work being performed.

An important part of this process is ensuring that an influx of foreign workers does not depress wages domestically. The company must show that hiring a worker from another country will make—at a minimum—the prevailing wage for this type of work in the area.

Applying for certification requires Form 9089. The employer prepares and submits this document, while the prospective employee must sign and verify their credentials. A Doraville employment-based immigration attorney can ensure compliance with all requirements. Certification approval may take several months.

Applying for the Visa

Once PERM certification is secured, the non-resident must apply for a visa. This process starts with filing Form I-140, which is also known as the Petition for Alien Worker. What happens next depends on whether the applicant is already in the United States.

When an individual already lives in the U.S., they must undergo an adjustment of status. This means they are allowed to remain in the country pending a decision on the application. Any interviews are conducted in the U.S., which could allow someone on a temporary visa to switch to something more long-term.

Applicants outside the United States follow a different process, remaining in their home country while their application is reviewed. They cannot travel to the U.S. until approval. USCIS conducts interviews at the consulate or embassy in their home country. A Doraville employment-based immigration lawyer can help applicants prepare for the interview.

Speak to an Employment Based Immigration Attorney in Doraville Today

For many people, living and working in the United States is a dream come true. With the help of a Doraville employment based immigration lawyer, this dream could become a reality. Reach out right away to discuss your work permit options.