What Does The Labor Certification Process For Green Card Entail?

There are situations in which an American employer is unable to find qualified professionals to fill necessary positions, there is an aspect of American business that is not being addressed, or there are foreign investors who can help build the American economy.  In those situations and more, immigration law provides a process for foreign nationals to petition for green cards, often with the help of immigration attorneys, and become permanent residents of the United States.  In most of those situations, immigration law requires that the process begin with employers, who generally consult with immigration attorneys, petitioning the Bureau of U.S. Citizenship and Immigration Services (USCIS), for labor certificates and green cards for aliens who can meet those needs.  An immigration lawyer can help determine the category under which those green cards should fall and can advise them how to file the forms immigration law requires.

Categories for Employment Green Cards   

Immigration law divides these employment needs into a number of categories under which foreign nationals and their immigration lawyers may apply for green cards.  Those immigration law categories for employment green cards can include aliens of extraordinary abilities, outstanding professionals and/or researchers, talented professionals, managers and executives, and investors who create jobs.  The categories that cover these types of green cards are very specific and the quotas in each category have limits established by immigration law according to job category and country, so it is generally necessary to enlist the aid of an immigration lawyer to help determine which category a potential foreign worker should designate under immigration law.  In some cases, those who pursue green cards without the advice of an immigration lawyer may fail to be approved merely because they missed one small technicality.  Immigration lawyers can mean the difference between success and failure in obtaining green cards.

Petitioning for Employment Green Cards

Immigration law mandates a three-step process for granting employment green cards to foreign national workers.  The first step generally begins with the employer and their immigration lawyer.  The immigration lawyer helps the employer petition the USCIS for approval to bring alien workers into this country and grant them green cards by fulfilling the requirements of immigration law.  Even once these employees are granted green cards, immigration law requires employers to continue to maintain documentation and review reports.  Failure to do so can result in serious fines and/or penalties, and an immigration lawyer can help satisfy immigration laws by establishing and maintaining those forms and reports for employees with green cards.  There are, however, a few categories, such as priority workers and investors, which immigration law permits to petition for green cards themselves, in most cases with the advice of an immigration lawyer, without requiring a labor certificate from an employer. 

Immigration law establishes five categories of skills, which determine the type of green cards for which employers, their immigration lawyers, and employees must apply.  They are given the following priorities under immigration law:

• Immigration law designates EB-1 for priority workers, including scientists, artists, educators, athletes, business people, researchers, professors, managers, and executives
• Immigration law assigns EB-2 to professionals with advanced degrees or persons with exceptional ability in the areas of the sciences, the arts, business, or medicine for those without sufficient care
• Immigration law establishes EB-3 for skilled or professional workers with bachelor's degrees, skilled workers with at least two years training and experience, or unskilled workers in an area lacking in sufficient workers
• Immigration law allocates EB-4 to special Immigrants in religious professions, or government employees currently or formerly working abroad
• Immigration law consigns EB-5 to immigrant investors starting new commercial enterprises

After employers and their immigration lawyers petition for labor certificates and green cards for foreign employees, the next step under immigration law is for the government to process those requests and wait to receive visa numbers.  That may take months or even years, depending on the quotas for that category and country under immigration law.  That is why it is crucial to apply under the highest priority category appropriate for those seeking employee green cards, and an immigration lawyer can help determine that category.  An immigration lawyer can also help determine how long an applicant can expect to wait by accessing the Visa Bulletin on the U.S. Department of State website.

Once a visa number is available, the applicant will be informed, file their paperwork through their immigration lawyer, and enter the country.  Those outside the U.S. file through their immigration lawyer at an American consulate.  Those already legally in the U.S. can file for an adjustment in their green cards through their immigration lawyers.

Once the application for employment green cards is complete, the permanent resident can seek citizenship within five years or less, depending on the individual situation, by consulting their immigration lawyer.