A limited number of employment based permanent residency visas are made available every year. The available residency visas are divided into four preference groups, which resemble the preference classes of employment visas.
Usually, these employment based residency visas require the filing of at least two forms: Form I-140, a petition for residency and Form ETA-750, a labor certification. Some types of residency visas have different filing requirements. A skilled residency petition lawyer will help prevent paperwork mistakes and time consuming delays.
- Extraordinary ability
- Exceptional ability
- Skilled workers
- Special workers or persons of interest
A considerable amount of paperwork is required to complete the employment based residency petition. Birth certificates, a resume, tax returns and other biographical information must be processed, along with a detailed description of the type of the work that merits an employment based residency visa. Personal and professional recommendations are included in the residency petition, along with information provided by the applicant’s future employer. The guidance of a skilled residency petition lawyer can help avoid mistakes and misfiling.
Employment Based Residency Petition Stages
In order to get a residency petition heard, the applicant must navigate four stages in the process.
- Get state approval. Employment based residency petitions have certain wage and hiring guidelines that must be met.
- Provide fair recruitment attempts. Employers must make serious attempts to fill a position before filing an employment based residency petition.
- Prove recruitment efforts were unsuccessful. Employers then have to prepare a report for the Department of Labor which shows that recruiting efforts failed to attract current US citizens.
- File Form ETA 9089. This is the application for a labor certification, a key piece of paperwork for obtaining a permanent employment based residency visa.
Once issued, an employment based permanent residency visa is valid so long as the recipient remains within the United States. The benefits of residency can also be extended to immediate family members, provided their applications materials were included with the primary residency petition.
Advising and representing clients seeking employment based residency petitions is one of many immigrant services that we provide to our clients. Please call the law offices of XXX. An experienced residency petition lawyer will evaluate your case at no charge to you.