U.S. businesses can sponsor workers in visa categories that lead to permanent residence for the worker and his or her spouse and any children under the age of 21. Workers may come either from abroad or may be already in the United States, but in a valid non-immigrant status. Paul Ruby has extensive experience representing both employers and workers in this complicated process.

From the employee’s perspective, the start of the process begins when we file an Application for Permanent Employment Certification, called a “PERM” or “Form ETA-9089,” on behalf of an employer with that worker listed as the proposed beneficiary of the application. That application is filed to the U.S. Department of Labor, which must certify the position may be filled by the worker. That may happen right away or may require a response to a random audit, where the employer must provide various documentation about the position and attempts to recruit U.S. workers to it.

Upon successful certification of the position, our office will next file a Petition for Immigrant Worker, called a “Form I-140,” to U.S. Citizenship & Immigration Services. This requires providing USCIS with the formal labor certification as well as additional information about the employer.  

At this point, the process for workers inside and outside of the U.S. diverge. If the employee is inside the U.S. in a valid nonimmigrant status, simultaneous to the Form I-140, we file for what is called an “Adjustment of Status.” On the other hand, if the employee is outside the U.S., we must first await approval of the Form I-140. Upon approval, their case is transferred over to the U.S. Department of State first for document collection and a background check and later to the embassy or consulate in the workers home country for an immigrant visa interview. 

If you are interested in getting in learning about opportunities currently open with our employer clients, please email us.