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Permanent Residence Through Employment

Seasoned Guidance from The Sekou Clarke Law Group

One of the most common ways to get a green card is through a job offer. There are five employment-based categories, each with its own set of criteria and requirements. If you are a skilled worker, professional, or executive, you may be eligible for a green card through an employment offer.

The five categories of employment-based immigration options are:

EB-1: First preference, including but not limited to extraordinary ability in sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers.
EB-2: Second preference, including professionals holding advanced degrees or persons of exceptional ability in the sciences, arts, or business.
EB-3: Third preference, including skilled workers, professionals, and other workers, such as those in jobs that require at least two years of training or experience, as well as professionals with a baccalaureate degree.
EB-4: Fourth preference, including special immigrant categories, such as religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and others.
EB-5: Fifth preference, including immigrant investors who are willing to invest substantial amounts in a job-creating enterprise in the United States.

At The Sekou Clarke Law Group, we serve clients across Florida, providing comprehensive legal services to employers, investors, and individuals seeking permanent residency through employment. Our Orlando EB green card attorneys have a proven track record of success in complex employment-based immigration matters and are ready to help you with your case.

Call (407) 269-8774 or message us online to get started with a consultation.

How Long Does It Take to Get a Green Card Through a Job?

Getting a green card through a job offer can take several months or years, depending on the specific circumstances of your case. The timeline also varies depending on the particular category you apply to and the associated requirements.

According to USCIS, around 140,000 employment-based visas are available each year. Applying for permanent residency through the employment-based (EB) program is generally referred to by the government as an "adjustment of status." It requires filing a Form I-485, Application to Register Permanent Residents or Adjust Status.

Labor Certification

Certain employment-based visa categories require a prospective employer in the U.S. to act as a sponsor for the visa applicant. This employer may need to secure a labor certification from the Department of Labor (DOL) before proceeding with the EB process.

Obtaining labor certification, often referred to as the PERM process, involves several detailed steps undertaken by the employer to ensure compliance with U.S. Department of Labor (DOL) requirements.

Initially, the employer must request a determination of the prevailing wage for the position from the DOL, establishing a benchmark for compensation. Following this, the employer must conduct a recruitment campaign, advertising the job to potential U.S. workers to demonstrate that no willing, able, and qualified U.S. workers are available for the position.

Throughout this process, the employer must carefully document their recruitment efforts and the outcomes of any interviews conducted. If, after this rigorous process, the foreign national is still the best candidate for the role, the employer may request the DOL to issue labor certification, confirming the need to hire a foreign worker for the position.

Bringing Your Family to the U.S. on an Employment-Based Visa

For many applicants, the opportunity to bring family members to the United States is a crucial aspect of the employment-based visa process. The good news is that most employment-based visa categories allow for the inclusion of immediate family members in the application. Immediate family members typically include your spouse and any unmarried children under the age of 21.

Adjustment of Status for Family Members

Like the primary applicant, family members must go through an adjustment of status process or apply for a visa and then adjust their status if they are outside the U.S. This process involves submitting the necessary documentation, including the aforementioned Form I-485, for each family member, to USCIS.

Finding Your Path to Permanent Residency Through Employment

Choosing the right path to permanent residency through employment can be complex and nuanced, depending on your professional background, the specifics of your job offer, and your long-term career goals. At The Sekou Clarke Law Group, we understand the intricacies of each employment-based green card category and are committed to guiding you through the process.

Our Orlando-based teams are ready to work closely with you to assess your qualifications, career achievements, and employer requirements to determine the most suitable and strategic immigration path. Whether you are a distinguished professional with extraordinary abilities, a skilled worker, or an investor, we are here to help.

Get in touch with our firm today to learn more about how we can assist you in your employment-based immigration journey. Call (407) 269-8774 or contact us online.

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It's good to have one reliable lawyer at your disposal. Mr. Clarke will drop anything to help a client in distress, and that's why I have him in my speed dial. Mr. Sekou has no limitations on the number of aliens in one case. Whatever the number, he will serve you to the best of his ability. Some law firms put a certain limit, thereby making it almost impossible to get the help one really needs.

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I was detained by ICE few months ago and was placed in removal proceedings. My family and I reached out to several law firms and they all rejected my case because of the charges that I had. Subsequently with my last hope of having any lawyer representation my family contacted Mr. Sekou Clarke and he immediately said Yes!!! A few weeks later I was released and now I'm adjusting my status to become a Permanent resident. Thanks to Mr. Clarke and his remarkable team

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