You may initially consider getting a temporary work visa to gain some professional experience in the United States. However, after your thorough research, you may reassure yourself that you have the desired characteristics necessary to qualify for an employment-based green card. The bigger challenge here may be finding a U.S.-based employer who can sponsor you and who is also willing to obtain a Program Electronic Review Management (PERM) labor certification. You should note that many employers are often hesitant to go through with this legal procedure. Well, with that being said, please follow along to find out which employment-based green cards require PERM certification and how one of the proficient Lancaster, PA green card lawyers at Lupton Law LLC can help you and your prospective employer coordinate this crucial step.
What are the main employment-based visas?
Simple enough, the three main employment-based visas that allow foreign workers to live and work permanently in the United States are the EB-1, EB-2, and EB-3. Firstly, the EB-1 is designated for foreign workers with extraordinary abilities, outstanding professors and researchers, and certain multinational managers. Secondly, the EB-2 is for professionals with advanced degrees or who are otherwise considered to have exceptional abilities in their respective fields. Thirdly, the EB-3 is set aside for other types of skilled workers and professionals. You should consult with your lawyer to ensure you meet the requirements for the visa type a prospective employer intends to sponsor you for.
Do all employment-based visas require PERM labor certification?
Of note, if you are a priority worker who undoubtedly falls under the EB-1 visa category, PERM labor certification may not be a required step. However, the same cannot be said if you are seeking an EB-2 or EB-3 visa instead. This process is primarily handled by the employer willing and able to sponsor you. Here, they must effectively prove to the government that they could not find any U.S.-based workers available to accept the open job position at the offered wage rate. In turn, they must produce proof that their company has the financial means necessary to support these wages should you be allowed to come to the U.S. to take this job.
With that being said, you should be prepared for the possibility of employers turning you down because they do not want to commit to the PERM labor certification process. In short, this is because this process is generally considered time-consuming, highly technical, and legally risky, without any guarantees of a positive outcome. That is, they must follow strict U.S. Department of Labor recruitment rules, such as specific job advertisements, internal postings, and detailed documentation of their hiring efforts. Even a small, unintentional error may trigger a denial or government audit. At the end of the day, employers may view this complex and sensitive legal process as a barrier to maintaining steady staffing and productivity at their companies.
With all that being said, please do not hesitate to work together with one of the talented Lancaster, PA green card lawyers. The team at Lupton Law LLC will have your best interests at heart always and will fight for justice to reign in your favor.
