Many people come to the United States because the job opportunities in this country are unparalleled. While individuals can benefit from gaining permanent resident status through employment-based immigration, companies can also have their pick of workers from around the globe. While employment-based immigration benefits both workers and employers, the process can be complicated and there are multiple steps that both individuals and their company sponsors must complete.
The immigrant petition (I-140) is the second stage of the process for most employers, after first going through the Program Electronic Management Review System (PERM) and obtaining PERM labor certification. Your company may have already jumped through multiple hurdles to get to this stage and it is important you stay on the ball as far as following all immigration laws to keep the process moving forward. A Maryland employment immigration lawyer can assist with the I-140 petition so your company can hire the workers you need to be competitive and excel in a global economy.
Form I-140, Immigrant Petition for Alien Worker, is the form that must be completed in order for an alien worker to become a permanent resident of the United States and obtain his or her green card.
The I-140 form must include the family name as well as the company and organization name. It must also include a filing fee and specify the petition type. It is submitted after PERM certification if the immigrant is within the employment-based second or third preference categories (EB2 or EB3). If an employee is entering the country under the EB1 category or the EB2 national interest waiver, then the I-140 is the first step since PERM certification is not mandatory under these circumstances.
When all necessary preliminary steps are complete, the employer must petition United States Citizenship and Immigration Services (USCIS) in the appropriate EB category in order to obtain an immigrant visa number. For the petition to be approved, the employer must demonstrate the ability to pay the designated wages from the priority date through to the time when the I-140 is adjudicated. The immigrant who will be coming to the U.S. must also demonstrate that he or she has any necessary experience, education and licensing that is necessary to work in the particular position.
Providing the necessary proof can be difficult for both employers and foreign nationals who are coming to work in the United States. Immigrants and companies hoping to hire foreign workers should be focused on the job and making the business a success, not the logistics of a complicated immigration system. A Maryland immigration lawyer at Miranda & Weisman can take care of all of the practical details of the I-140 form as well as the other aspects of employment-based residency.
The stakes are very high for foreign nationals who want to become permanent residents, and it is essential that employers follow the appropriate immigration process. Employers who need to hire foreign workers also benefit from avoiding delays and problems with USCIS and the Department of Labor. The best way to avoid issues and ensure that the immigration process goes smoothly is to trust a Maryland immigration lawyer with extensive experience.
Miranda & Weisman has helped countless employers and foreign nationals take advantage of the opportunities employment-based immigration provides. Call today to learn how we can help you: 410-321-4994