Employment based Immigration The vast majority for persons seeking to immigrate to US based upon a job offer must complete a three step process as follow: 1) the employer must obtain a labor certification from the US Dept. of Labor 2) the employer applies for an immigrant visa under the second or third preference categories for employment based immigration 3) the foreign national applies for green card status through an adjustment of status application or through consular processing.
In order to obtain a labor certification the employer must establish (through job advertisements and recruitment efforts) the unavailability of US workers who are able, qualified, and willing to perform the job sought to be filled by the foreign national.
When the labor certification is approved the employer files an immigrant visa petition (form I-140) seeking approval based upon one of the two following categories as follows: • members of professions with advanced degrees or demonstrating exceptional ability in the sciences, arts or business • professionals, skilled workers (requiring 2 or more years of training or experience) or unskilled workers (requiring less than two years of training or experience.)
The over subscription of the two categories noted above and high unemployment under current US economic conditions, may result in significant delays in obtaining approval.
The labor certification is not required for certain individuals (1st preference): persons of extraordinary ability, outstanding professors or researchers and multinational executives or managers. A national interest waiver may be obtained for those eligible under the second preference category where the foreign national can establish that the "job offer requirement" should be waived because it is in the national interest of the US.
The US Department of Labor has determined that there are certain occupations that are in great shortage and have pre-certified certain occupations so as to relieve the employer from obtaining an approved labor certification. This category includes physical therapists and professional nurses and certain persons of exceptional ability in the arts and sciences, including college and university teachers.
Representing clients throughout New Jersey, including Newark, Belleville, Nutley, Bloomfield, Montclair, The Orange’s, Jersey City, Hoboken, Kearny, Harrison, North Arlington, Lyndhurst, Rutherford, Elizabeth, Union, Hillside, Hackensack, Clifton, Paterson, Woodbridge, Edison, Toms River, Essex County, Bergen County, Hudson County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Somerset County, and Union County.
