U.S. Employment Based Green Card Attorney
Obtain a Green Card Through a U.S. Job Offer
With over a decade of immigration law experience, the California immigration lawyers of Nelson & Associates have the experience, skill, and dedication to help individuals, families, and businesses achieve their immigration goals. We tailor our legal solutions to meet the needs of families and businesses.
Immigration Solutions As Unique as You
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While many people associate an Alien Labor Certification as a means to obtaining a green card through a job offer, the labor certification is only one element of a critical three-step process. In order for foreign business professionals to obtain a green card and lawful permanent legal residency status through a U.S. job offer, all three of these steps must be complied with:
- Application for Alien Labor Certification - PERM: Employers seeking to employsponsor a foreign national in for a permanent position in the U.S.n H-1B visa must first obtain a Labor Certification certification of a Labor Condition Application (LCA) from the Department of Labor. PERM is a detailed process in which the employer must demonstrate that no qualified American workers are available for the position, that no American workers will be directly displaced in hiring the foreign worker, that the foreign national will be fairly compensated, and that such employment would not adversely affect the wages or working conditions of current employees.
- H-1B Visa/Non-Immigrant Worker PetitionImmigrant Petition for Alien Worker (Form I-140): Once the alien labor certification is obtained, the employer may submit an petition for a non-immigrant worker (form I-14029) to the United States Citizenship and Immigration Services (USCIS). An approved I-140 petition is the basis of the application to adjust status or a consular immigrant visa. Once approved, the prospective worker may submit application for the H-1B visa. Approved H-1B visas are valid for a period of three years and can be extended for up to a total of six years.
- Green Card Application: If you are eligible and in the U.S., you can obtain your green card by filing for adjustment of status (Form I-485). If you are overseas, you will need to apply for your immigrant visa through the USCIS' National Visa Center (NVC) at a U.S. consulate. Most foreign workers holding an H-1B visa have the dual intent to reside in the U.S. under a temporary work visa and to eventually adjust status to permanent residency. The H-1B visa is one of the only temporary visas that allows for dual intent. We can assist with petitions for adjustment of status and consular applications for an immigrant visa green card.
In many cases, it can take a long time before the employee is eligible to apply for permanent residency (Form I-485). Employers' business needs sometimes change, so if you are in the U.S., you should maintain a nonimmigrant status such as H-1B until you are granted lawful permanent resident status.
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Our attorneys at Nelson & Associates are dedicated to providing quality, efficient, and effective immigration legal services. We take the time to listen to and address your concerns and offer solutions to achieve your goals. We are available to serve individuals and families from our two Los Angeles area offices. Returning all calls within 24 hours and offering legal counsel in Spanish, Mandarin, Cantonese and Filipino, we will make sure you have the information you need. Contact us today for a free initial consultation.
