Work and Residing in the United States

Q: Labor Certification

In most cases, the employer must obtain a labor certification from the Department of Labor. This ensures that no qualified and willing US workers are available to fill the position and that hiring a foreign worker will not negatively impact the wages and working conditions of US workers.

Q: Recommendations and Tips

Employment-based petitions require employers to provide solid evidence of the need for a foreign worker. Ensure that all requirements are met according to your petition. Processing times may vary depending on the type of visa and the complexity of the case.

Employment-based petitions allow U.S. companies to hire foreign talent, giving workers the opportunity to obtain a visa and, eventually, permanent residency.

We will explain what employment-based petitions are, their benefits, and the requirements for applying.

EMPLOYMENT-BASED PETITIONS: WORKING IN THE UNITED STATES

What Is an Employment-Based Petition?

It is a process by which a company or employer requests USCIS to allow a foreign worker to obtain a visa to work in the country. Here are some benefits:

APPLY FOR AN EMPLOYMENT-BASED PETITION

Demonstrate Eligibility and Employer Commitment

For a foreign worker to benefit from an employment-based petition, the employer must meet certain requirements and procedures. Here are the key steps to applying for an employment-based petition:

Labor Certification

In most cases, the employer must obtain a labor certification from the Department of Labor.

This ensures that no qualified and willing US workers are available to fill the position and that hiring a foreign worker will not negatively impact the wages and working conditions of US workers.

Petition to USCIS

Once the labor certification is obtained, the employer must submit a petition to U.S. Citizenship and Immigration Services (USCIS) for the foreign worker. This step includes providing details about the job offer and the employees’ qualifications for the position.

Eligibility Requirements

The worker must meet specific requirements for the requested visa. For example, some visas require the worker to have certain skills, work experience, or education, depending on the category.

Recommendations and Tips

Employment-based petitions require employers to provide solid evidence of the need for a foreign worker. Ensure that all requirements are met according to your petition.

Processing times may vary depending on the type of visa and the complexity of the case.

Work and Residing in the United States

What Is an Employment-Based Petition?

Work Visa

Permanent Residency

Employment Benefits

Demonstrate Eligibility and Employer Commitment