Silver Spring Employment Immigration Attorney

About Employment-Based Immigration

Securing an employment-based green card is a crucial step for professionals seeking to establish permanent residency in the United States. At Murray Osorio PLLC, our dedicated Silver Spring employment immigration lawyers assist individuals and businesses in navigating the complex legal process of obtaining employment-based green cards. Whether you are an employer looking to sponsor a foreign worker or a professional seeking permanent residency through employment, our experienced team is here to help.

Employment-based green cards offer foreign nationals the opportunity to work and live permanently in the U.S. Unlike temporary work visas, such as H-1B or L-1 visas, a green card provides long-term stability, allowing individuals to advance their careers without concerns about visa renewals. However, the process can be intricate, requiring extensive documentation, employer sponsorship, and compliance with strict immigration laws. Our attorneys are committed to guiding you through every step, ensuring a smooth and efficient process.

For more information about our experienced team, contact us today at (800) 929-7142.

Common Types of Employment-Based Green Cards

The U.S. immigration system offers several categories of employment-based green cards, each tailored to different qualifications and skill levels. The most common categories include:

EB-1: Priority Workers

The EB-1 category is designed for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers. This category does not require labor certification, making it one of the fastest routes to permanent residency.

EB-2: Professionals with Advanced Degrees or Exceptional Ability

This category is for individuals who possess an advanced degree (master’s or higher) or demonstrate exceptional ability in their field. Some applicants may qualify for a National Interest Waiver (NIW), which allows them to bypass the employer sponsorship requirement if they can prove their work benefits the United States.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 category applies to skilled workers with at least two years of experience, professionals with a bachelor’s degree, and other workers in positions that require less than two years of training or experience. Most EB-3 applicants require employer sponsorship and labor certification through the PERM process.

EB-4: Special Immigrants

This category is designated for special immigrants, including religious workers, employees of U.S. foreign service posts, and certain other unique groups.

EB-5: Immigrant Investors

The EB-5 program is for investors who make a substantial financial investment (typically $800,000 to $1,050,000) in a U.S. commercial enterprise and create at least ten full-time jobs for U.S. workers.

The Employment-Based Green Card Process

Obtaining an employment-based green card generally involves multiple steps:

• Labor Certification (PERM Process) – For most EB-2 and EB-3 applicants, the employer must first obtain a labor certification from the Department of Labor, proving that there are no qualified U.S. workers available for the job.
• Filing Form I-140 (Immigrant Petition for Alien Worker) – The employer files this petition with U.S. Citizenship and Immigration Services (USCIS) to demonstrate that the applicant meets the qualifications for the specific green card category.
• Adjustment of Status or Consular Processing – If the applicant is already in the U.S. on a valid visa, they can file Form I-485 for an adjustment of status. If outside the U.S., they must complete consular processing at a U.S. embassy or consulate.

FAQs About Employment Immigration

How long does it take to get an employment-based green card?

Processing times vary depending on the category, country of origin, and USCIS backlog. Generally, EB-1 petitions are processed the fastest, while EB-3 petitions may take several years due to demand.

Do all employment-based green cards require employer sponsorship?

Most categories require employer sponsorship, but some exceptions exist, such as the EB-1 for individuals with extraordinary abilities and the EB-2 National Interest Waiver.

What is the PERM labor certification process?

The Program Electronic Review Management (PERM) process requires employers to test the U.S. labor market to ensure no qualified U.S. workers are available for the position before hiring a foreign worker.

Can my family also obtain green cards?

Yes, spouses and unmarried children under 21 of employment-based green card holders may apply for derivative green cards.

What happens if I lose my job during the green card process?

If you lose your job before obtaining your green card, you may need to find another employer to sponsor you or explore other immigration options. Certain portability rules under AC21 may allow you to switch employers under specific circumstances.

How Murray Osorio PLLC Can Help

Navigating employment immigration law can be complex and overwhelming. Our Silver Spring employment immigration attorneys have extensive experience helping employers and foreign nationals through every stage of the employment-based green card process. Our team provides:

• Expert guidance on selecting the appropriate green card category
• Assistance with labor certification and employer compliance
• Support in filing petitions and responding to USCIS requests
• Strategic planning to address potential delays or issues

Call (800) 929-7142 or contact us online today to let us help you get started on your application.