IMIN LAW Employment & Family Based Immigration
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ILLINOIS: Chicago, Glenview, Schaumburg, Rolling Meadows, Wheeling, Arlington Heights, Elk Grove Village, Bensenville, Skokie, Morton Grove, Niles,
Streamwood, Palatine, Prospect Heights, Mount Prospect, Buffalo Grove, Hoffman Estates, Des Plaines, Norridge, Park Ridge, Lincolnwood,
Northbrook, Lincolnshire, Mundelein, Waukegan, Gurnee, Round Lake, Libertyville, Naperville, Orland Park, Oak Park, Evanston, Winnetka
TEXAS: Dallas, Flower Mound, Carrollton, Plano, Arlington, Addison, Farmers Branch, Richardson, Denton, Irving, Lewisville, Frisco,
McKinney, Coppell, Grapevine, Fort Worth, Grand Prairie, Allen, Garland, The Colony, Keller
4350 DI PAOLO CENTER, SUITE C, GLENVIEW, IL 60025 Tel: (847) 297-9200 | Fax: (847) 297-9202 | Email: firstname.lastname@example.org
1. What is the 3rd Preference Employment Category?
The 3rd Preference Employment Based category is for professionals, skilled workers and other workers who have a job offer in the United States. A professional position is one requiring a bachelor’s degree. A skilled worker position is one requiring at least two years work experience or training. The Other Workers category is for foreign workers with less than two years of training or work experience.
2. What does my employer have to do to sponsor me?
First, an employer must apply for labor certification from the Department of Labor (DOL) through the PERM (The Program Electronic Review Management System) program. The employer must conduct recruitment to fill the position and show that there are no qualified available U.S. workers. The employer must then file the PERM application with the DOL and show that the employment will not adversely affect the wages and working conditions of U.S. workers.
Once the DOL has certified the PERM application, the second step is to file an I-140 immigrant visa petition with the USCIS. In this petition, the employer must prove that it has the financial ability to support the wage for the position as indicated in the PERM application by submitting corporate tax returns, audited financial statements, annual reports and other relevant documents.
3. Is it possible for a small business, a newly established business, or a business owned by my relative to sponsor me?
Yes, as long as the employer’s requirements and the beneficiary’s qualifications are compatible and the employer can prove financial ability to pay the prevailing wage for the position, it is possible. However, the circumstances of your case should be evaluated on a case by case basis.
4. When can I begin working? What if I want to change my employer?
If your priority date (the date that your PERM application was received for processing) is current according to the Visa Bulletin published by the Department of State, and you are in the United States and you have maintained legal non-immigrant status you may file a I-485 application (Application to Register Permanent Residence or Adjust Status) along with an I-765 application (Application for Employment Authorization). Once you receive your Employment Authorization card, you may then begin working for your employer. You may change employers if your I-140 has been approved, your I-485 adjustment application has been pending for more than 180 days, and if the new job is in the same or similar occupational classification as the original job.
If you are outside of the United States and your I-140 has been approved with a current priority date, you will be notified by the National Visa Center to begin consular processing for your immigrant visa. Once you receive your immigrant visa and enter the United States, you may begin working for your employer.
5. When can I start the process?
Even if there is a backlog in the Visa Bulletin for this category, we recommend that you begin as soon as you and your employer are ready. It is important for you to obtain the earliest possible priority date (the date your PERM application is received by the DOL for processing).