Broadly speaking, employment-based immigration generally requires either showing that no qualified US workers are available to fill the job position, or that a foreign worker is at the top of his/her profession. To establish that there are no qualified US workers available, the employer has to obtain a Labor Certification (PERM) approval from the Department of Labor. This is an extremely complex and challenging process with no room for error.
The Labor Certification is not required if the foreign worker is at the top of his/her field, and/or if the foreign nationals work is in the national interest. Additionally, Labor Certification is not required in health-care related professions where there is a consistent shortage of workers.
For more information on the various employment-based visas and processes, click on the links below.
At the Law Offices of Sweta Khandelwal, we will help you obtain a green card for yourself or your employees in the fastest and most efficient manner possible. Attorney Sweta Khandelwal has represented clients across multiple industries and from various nationalities. We will understand your individual situation to come up with a customized solution that is efficient and economical. We believe that our job is not simply to file a visa petition, but to suggest a course of action that is in sync with our client’s goals.
For more information on employment-based immigrant visas, watch Attorney Sweta Khandelwal on Sittaarre TV, listen to her on NRI Samay.