oczynski Ocasio PC assists corporations and their employees in obtaining the most appropriate work visas needed to further their business capabilities and career goals while complying with immigration regulations. Our team has experience with the whole spectrum of business immigration.
Employment-Based Legal Permanent Resident Status
oreign national may be hired by a U.S. employer to work permanently and become a lawful permanent resident (LPR) in the U.S. The process begins when an employer files and obtains approval of an application for permanent employment certification (ETA Form 9089) with the U.S. Department of Labor (DOL). The DOL must certify that there are not sufficient U.S. workers who are able, willing, qualified and available to fill the position offered to the foreign national. The DOL must also determine that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Once the DOL approves the ETA Form 9089, the employer files an immigrant visa petition on Form I-140 on behalf of the foreign national with U.S. Citizenship and Immigration Services (USCIS). This alone does not grant any status to the foreign national. Only when USCIS approves the I-140 petition and the priority date of the petition is current can the foreign national apply for an immigrant visa at a consulate abroad or for adjustment of status (AOS) in the U.S.
Employment-based sponsorship falls into several categories, each with its own processing times. These include:
- Occupations require advanced degrees such as a master’s degree
- Professional occupations require a bachelor’s degree
- Skilled occupations require at least two years of work experience
- Unskilled occupations require less than two years of experience
- Religious workers
- Investors (EB-5)
Family-Based Legal Permanent Resident Status
We counsel clients through the process of becoming permanent residents using family-based immigrant visa petitions. Whether you’ll be before USCIS offices or U.S. consulates abroad, we can help you maneuver through the bureaucratic and procedural hurdles, including:
- Marriage-based applications for AOS
- Petitions for relatives residing in the U.S. or abroad
- Consular processing through U.S. consulates
- AOS interviews
- Fiancé(e) visas
- Violence Against Women Act (VAWA) for foreign national victims of domestic violence
- Waivers of inadmissibility based on unlawful presence, immigration fraud or crimes