LAW OFFICES OF MARI MAEMOTO,P.C.
 
 
 
 
 
 
 
 
 
 
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The Process of Employment Based Immigration
 
1. Alien Employment Certification with the U.S. Department of Labor (USDOL)
 
Program Electronic Review Management (PERM) System
 
i. Collect necessary information.

ii. Conduct recruitment steps.

iii. Wait one month from the last recruitment.
2. Immigrant Visa Petition with a Service Center of the USCIS
3. Consular Processing Abroad or Adjustment of Status Application with the USCIS
Become a Legal Permanent Resident (LPR) of the United States
 
Obtaining a Green Card through Employment
 
PERM (Program Electronic Review Management)
 

Alien Labor Certification through PERM system will be certified if the U.S. Department of Labor finds that (a) there are not sufficient U.S. workers who are able, willing, qualified, and available at the time of the application for a visa and admission into the U.S. at the place where the alien is to perform the work, and (b) the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. The average processing time will be one week to several months. In the event its application is selected for audit, the processing time will be longer. There are approved cases where the total number of employees of the sponsoring company is no more than eight employees.

 
Obtaining a Green Card without PERM Processing
 

Aliens of Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics
This category does not require a specific job offer, meaning that the alien do not need an employer who files on behalf of them. The alien may file a petition on their behalf.

 
Outstanding Professors or Researchers
 
The person has to be recognized internationally as outstanding in a specific academic area. In general, a university or institution of higher education, or a research institution will file on behalf the alien.
 
Multinational Executives and Managers
 
This category requires documentations demonstrating that the alien worked at least one continuous year within the last three in an executive or managerial capacity with the U.S. employer’s parent, branch, subsidiary, or affiliate abroad.  The U.S. employer has to be in operation for at least a year prior to the filing.
 
Aliens of Exceptional Ability in the Sciences, Arts, or Business
 
Unlike aliens of extraordinary ability, aliens of this category need a job offer from a U.S. employer.  Some people may avoid labor certification based on the “national interest” exemption. 
 
Other Categories
 
There are special avenues for investors and religious workers.