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In the context of Business or Employment-based Immigration, the term immigrant refers to the status options available to alien workers or foreign nationals who are candidates for employment with a U.S. employer. Immigrants can become Permanent Residents of the United States allowing them to live and work in the U.S. beyond the limitation periods of a Non-Immigrant visa. This status, colloquially known as a Green Card, is also a visa category, and is available to temporary workers meeting certain government conditions and processes, known as “Preferences”. Our immigration attorneys have substantial experience with the various Preferences, and work diligently on behalf of our clients to determine the best option available to them and secure the appropriate visa.

Please click below to learn more about some Permanent Residence options.

Employment-Based Permanent Residence (Green Card) Petitions

A business seeking to employ a foreign national in the U.S. for a period longer than the temporary non-immigrant visa (L-1, H-1B etc.) period, may sponsor and file an immigrant visa petition on behalf of the foreign national. Except for specific immigrant visa petitions categories, in most cases the first step in the process involves filing of a Labor Certification application with the U.S. Department of Labor (DOL) through the PERM (Program Electronic Review Management) process. Subject to very limited exceptions, the employment based green card application is also tied to the sponsoring employer. Due to the lengthy processing times, it is advisable to begin this process well before the expiration date of the employee’s non-immigrant status.

The Business Immigration attorneys at Dearson, Levi & Pantz have extensive experience in navigating the Employment-Based Permanent Residence Petitions process.

Labor Certification (PERM)

The first step in most employment-based green card applications is the filing of a Labor Certification application with the U.S. Department of Labor (“DOL”) through a process called Program Electronic Review Management, or PERM. The PERM application must be approved before the employer can file an Immigrant Visa Petition.

Various requirements must be met by the U.S. business in order to qualify for the PERM Program. Since the process can require specific steps with various nuances and processing times may take up to a year, working with the experienced Business Immigration team at Dearson, Levi and Pantz can ensure that the process is completed flawlessly and without unwarranted delay.

Immigrant Petition for Alien Worker

An Immigrant Petition for an Alien Worker can be applied for by a business on behalf of an alien to obtain a visa number. This step is required for all employment-based green card applications, and the business is required to sponsor the alien beneficiary for the purpose of employment in a specific job. This multi-step process includes specific requirements and documentation. Our attorneys routinely assist U.S. businesses in completing the Immigrant Petition process. We guide businesses through the requirements for Labor Certification and determine the most appropriate employment based immigrant category for each situation, which directly impacts the processing time for the petition.

The seasoned Business Immigration team at Dearson, Levi & Pantz can assist any business sponsoring a petition by determining the appropriate immigrant category and effectively demonstrating that the employment of the foreign national meets strict requirements.

Adjustment of Status and Registration of a Permanent Resident

The Business Immigration team at Dearson, Levi & Pantz can successfully represent a business and/or alien in the immigrant visa adjudication process providing counsel on the entire process to become a lawful permanent resident of the U.S. (a Green Card holder). We ensure the complete, accurate and timely filing of all appropriate forms, guide clients through all additional requirements, and provide guidance based on the current location of the alien. Further, our attorneys provide representation in Adjustment of Status (AOS) proceedings and are abreast of changes in employment based visa availability limitations and can advise clients on the appropriate process.