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Employment-Based Green Cards

U.S. employers often want to retain their foreign workers for a lengthy period of time, but most employment visas are limited in time.  For instance, the H-1B visa limits an employee's physical presence in the United States to six years.  In order to retain the worker, the employer should start thinking about engaging in the employment-based green card process.  The process is much more lengthy and involved than with H-1Bs or other work visas because it requires the employer to go through many stages that can require many months to accomplish.  

 

ROLE OF A CORPORATE IMMIGRATION LAWYER in the EMPLOYMENT-BASED GREEN CARD PROCESS:   We evaluate the facts, advise the employer on the best way to proceed, inform the employer on what to expect at every step, draft recruitment documentation, give instructions for recruitment, draft recruitment report, draft and file I-140, reply to Department of Labor audits, reply to requests for evidence, and handle any consular processing, if necessary.  We also handle the employee's adjustment of status by monitoring the visa bulletin to see if the worker's priority date is current, remind employer and worker when it is time to adjust, draft and file the adjustment application, reply to requests for evidence, and prepare the worker for their interview with immigration.  

 

U.S. Employer's Permanent Labor Certification Checklist

 

Foreign Employee's Permanent Labor Certification Checklist

 

Checklist for Adjustment of Status Based on Approved/Pending I-140

 

PERM Labor Certification Step-by-Step

 

Employer-Sponsored Green Card Process Timeline