The United States presents many opportunities for skilled workers who have earned bachelor’s degrees or who are trained and experienced in their jobs. Foreign workers who want to live in the “land of opportunity” may consider employment-based immigration as a means of becoming a permanent resident and obtaining a green card. Employers benefit from having a wider pool of talent, and employment-based immigration allows a company to stand out from its competitors by bringing in workers with new and innovative perspectives.
Both employers and workers have their own obligations to fulfill as part of the immigration process. Professional and skilled workers can come to this country using the EB3 immigrant visa, but there are specific requirements to comply with and United States Citizenship and Immigration Services (USCIS) must approve the move and give the foreign national legal status. An experienced Maryland immigration lawyer at Miranda & Weisman, LLC can represent companies and individuals in all states of employment-based immigration.
If an employer wishes to hire foreign workers and make it possible for them to become permanent residents, the first step is generally obtaining a Program Electronic Management Review System (PERM) certification. This is certification from the Department of Labor and is obtained when an employer shows that certain criteria have been met such as a willingness to pay a reasonable wage to the foreign worker and a lack of qualified U.S. candidates. The employer must also be offering “permanent” employment – not temporary.
A sponsored worker who comes to the United States on an EB3 visa must also provide proof that he or she has the experience and skills necessary to take full advantage of the opportunities that America provides. The sponsored worker has to show that he or she has completed the required education to be considered a professional.
Typically, this means showing that they have at least a bachelor’s degree or the foreign equivalent. However, skilled workers may also be eligible for an EB3 visa if they perform work that is doable only based on training or experience. If the foreign national has less than two years of experience doing the skilled work, then he or she may qualify under the category of “other workers.”
In order for the immigration process to go forward so that a qualified worker can live permanently in the U.S., the employer must provide the PERM certificate and the sponsored worker must provide proof of educational experience to USCIS. A Maryland immigration lawyer can assist all involved parties in providing the documentation that USCIS will expect.
The ability to come and use your degree and skill in the U.S. is something that many people from other countries dream of. A Maryland immigration lawyer can work to help make this dream come true. The Miranda & Weisman, LLC represents employers at all stages of employment-based litigation, including PERM certification as well as the I-140 Immigration Petition. Our attorneys also represent workers and can assist with both consular processing and adjustment of status.
Call us for more information and to begin working on your application today: 410-321-4994