Immigration Law Firm in New York
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There are different ways to obtain a U.S. Visa, but while non-immigrant visas are for people who usually plan on returning back to their home country after a short period of time, so called, and most wanted, “green-card” are for those who intend on leaving in the United States temporarily.
Getting permanent resident status in the United States is not easy, but certain types of categories may open the door for immigrants. In fact, if you are looking to move in the United States for good, one of the main ways to immigrate is getting a business green card, which is based on an investment in the U.S. After 5 years of permanent residency, it is possible to apply for American Citizenship .
After a family sponsor, business green card applications are considered the second common way to obtain a permanent legal status in the U.S.
The typical employment-based petition is based on a Permanent Labor Certification process (PERM). It is typically a three-step process:
– first, the employer must complete the PERM process
– second, once the DOL approves the PERM, you and your employer have to file an EB3 visa petition with USCIS. This petition gives USCIS information about you and your employer’s company, as well as your job position and opportunity.
– third, the employer conducts recruitment, it has between 60 and 180 days to file the LC.
Moreover, the U.S. employer requests a permanent labor certification by completing an Application for Permanent Employment Certification (“ETA Form 9089”).
This application describes the job duties, educational requirements, training, experience, and other special capabilities that the alien must possess to do the work, and a statement of the prospective alien’s qualifications.
At this point, DOL Makes a Decision on Labor Certification. This process involves approving, denying, or auditing the LC.