Reid & Gaudett Law Group, LLP  The Law Office of Andrea R. Reid

Office:  1.413.737.1200

The Law Office of Andrea R. Reid
Immigration Law - Employment
Find below the links to all of the area of Immigration Law that Attorney Reid offers...
B Visas Citizenship and Naturalization
H Visas Deportation and Removal
L Visas Family
R Visas Employment
U Visas Non-Immigrant Visas

In addition to family-based visa sponsorship, a grant of asylum, the Diversity Visa Lottery, and VAWA, a foreign national can obtain permanent residency (“green card”), through employer-based sponsorship. In an employment-based context, foreign born individuals can apply for permanent residence through their employment in the United States, or based on prospective employment in the United States. In order to obtain U.S. permanent residence, an individual must first be awarded an immigrant visa number. Eligibility for immigrant visa numbers is determined by the applicant's country of birth in conjunction with the method by which the application for permanent residence is being filed. For more information about immigrant visa availability, see Immigrant Visa Preference Category System. There are a number of methods by which to file for permanent residence through employment, depending upon the job offered
and the qualifications of the individual. Our attorneys have extensive experience assisting clients with their Schedule A, and EB1-4 Visa PERM Process.

Labor Certification (PERM)
The most common method through which an employee can file for permanent residence is a labor certification filed by a U.S. employer based on an offer of permanent, full-time employment. A labor certification is based on the concept that there are no qualified U.S. workers who are willing, able, or available to perform a certain job and is intended to assure the Department of Labor (DOL) that the company has not offered a wage or working conditions to a foreign national that adversely affect the wages or working conditions of U.S. workers. An approved labor certification from DOL serves as the foundation for filing an employment-based petition for permanent residence on behalf of a foreign national with U.S. Citizenship & Immigration Services (CIS).

• The job market must be tested through various forms of recruitment, and any U.S. worker* who applies
   for the job and meets the stated minimum requirements is considered qualified (but may not be willing,
   able, or available). The employer cannot choose the "best-qualified applicant" in the PERM context.
  *A U.S. worker is defined as a U.S. citizen, permanent resident, or other individual who is allowed to   
   work permanently in the U.S.

• A prevailing wage determination for the position (including all requirements for the job) must be
  obtained from DOL's National Prevailing Wage & Helpdesk Center. The employer must agree to pay the
  employee at least the determined prevailing wage for the position at the time he or she is granted
  permanent residence.

• The position must remain available to the applicant until he or she is awarded permanent residence.

• PERM-based cases typically fall into the Employment-Based Second (EB-2) or Third (EB-3) Preference



The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult us or another attorney for individual advice regarding your own situation.

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The Law Office of
Andrea R. Reid

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