Turn To An Experienced San Jose Employment Green Card Lawyer
At Fok Immigration Law, we understand the dreams and aspirations of business owners and immigrants who are seeking employment visas. Headquartered in the heart of Silicon Valley, our California-based firm is dedicated to helping you achieve your immigration goals. Our team of experienced immigration attorneys is committed to guiding you through the complex process of obtaining an employment-based green card. We believe in providing personalized service to each client, ensuring that you receive the attention and support you deserve as you seek citizenship.
Why Choose Our Immigration Lawyers?
When you choose us for your employment-based green card case, you gain access to a team of knowledgeable immigration attorneys well-versed in U.S. immigration law. Our extensive experience in handling employment-based green cards and proven success sets us apart. We take pride in educating our clients and helping them determine the most suitable visa option for their unique situations. Our firm stands out due to our immigration lawyers’ commitment to transparency, communication and results.
What Kinds Of Employment-Based Visas And Green Cards Are There?
Our immigration lawyers advise American companies as well as foreign workers and investors. We work to determine who meets the criteria necessary to get employment-based green cards. Our San Jose employment green card attorneys provide support for obtaining employment-based green cards through visas such as:
- EB-1A Alien of Extraordinary Ability: This is appropriate for individuals who have demonstrated exceptional skill or achievements in fields such as the arts, sciences, education, business or athletics.
- EB-1B Outstanding Researcher: This visa is for researchers or professors who have achieved international recognition for their outstanding contributions in a particular field.
- EB-1C Multinational Managers and Executives: This visa helps managers and executives employed by a multinational company who are transferring to a U.S. affiliate.
- EB-2 National Interest Waiver: This is for individuals with exceptional abilities whose employment in the United States would greatly benefit the nation.
- EB-3 Skilled Worker, Professionals or Other Worker: This is available to skilled workers who can fill positions for which there are no qualified U.S. workers available.
- EB-5 Immigrant Investor Program: This provides a path to permanent residency for investors who invest a significant amount of capital in a U.S. business.
- EB-4 Religious Worker Visas: Individuals employed in a religious vocation can apply for this visa, allowing them to perform religious duties in the United States.
As a reputable law firm, our immigration law attorneys provide the support that you seek when pursuing employment-based green cards through these visas.
Personalized Green Card Guidance For Employers And Employees
Our San Jose immigration law team welcomes the opportunity to assist both employers and employees. We have represented clients in both categories. Our goal is to secure permanent residency smoothly and cost-efficiently. Whether your company is seeking to sponsor an employee or you are an individual aiming to work in the U.S., we offer tailored advice and support.
I Am An Employer – How Do I Sponsor An Employee For U.S. Permanent Resident Status?
If you are an employer looking to sponsor a foreign worker for an employment green card, it is important to understand your role, responsibilities and the steps involved. Below, we answer common questions employers have about sponsoring employees for permanent resident status.
What Is The Process Of Sponsoring A Foreign National For A Green Card?
In most employment-based green card cases, the process begins when the U.S. employer submits a labor certification request to the U.S. Department of Labor (DOL). This document proves that there are no qualified U.S. workers available for the job. After receiving labor certification approval, the employer then files an immigrant visa petition (Form I-140) with USCIS (U.S. Citizenship and Immigration Services).
Once the immigrant petition is approved and a visa number is available, the foreign national may either apply for adjustment of status (using form I-485) if they are in the United States or go through consular processing abroad.
What Documents Or Forms Do I Need To Complete As An Employer?
Employers must complete the following:
- Form ETA-9089: Application for Permanent Labor Certification (PERM)
- Form I-140: Immigrant Petition for Alien Worker
- Supporting documentation related to the business, such as financial statements, tax returns and proof of recruitment efforts
Proper documentation helps demonstrate the legitimacy of the job offer and your ability to pay the offered wage.
Which Employees May I File For?
You may sponsor current employees or prospective hires for a green card, provided they meet the job qualifications and visa eligibility requirements. This includes skilled workers, professionals with advanced degrees and individuals with extraordinary abilities, depending on the employment-based category selected.
What Does The Petition Do For My Employee?
Submitting Form I-140 establishes your intent to sponsor the foreign worker and demonstrates that the employee meets the job requirements. Once approved, the petition permits the employee to move forward in the green card process when a visa number becomes available.
How Do I File For A Current Or Prospective Employee?
You begin by obtaining a certified labor certification from the DOL. Afterward, you file the I-140 petition with USCIS, including all required evidence. Once the petition is approved, your employee can apply for a green card through adjustment of status or consular processing, depending on their location.
After I File, How Long Will It Take Before The Foreign National Can Immigrate?
Processing times vary by visa category, priority date and the applicant’s country of origin. It may take several months to years for a green card to be issued. Our employment immigration lawyers can provide timelines based on your specific case.
I Am An Employee – How Do I Get An Employer-Sponsored Green Card?
If you are a foreign worker seeking permanent residency through employment, understanding your role in the green card process is critical.
What Are The Paths For Employment-Based Green Cards?
Typically, a U.S. employer sponsors you as an employee for an employment-based green card. This would allow you to have legal permanent residence in the United States so that you can work permanently for that employer. However, there are some options for self-sponsorship. These include:
- National interest waivers
- Investment-based options
Most employment-based permanent residence takes place through the traditional employer sponsorship method. An employment-based green card can also encompass other types of cases where a candidate is sponsoring themselves without the need for an employer. If you are curious about sponsoring yourself for a green card, you should speak with one of our San Jose employment green card lawyers.
What Is The Role Of The Employer In The Green Card Process?
In most cases, the employer initiates the process. They must prove there is no qualified U.S. worker for the position and file a labor certification followed by a Form I-140 immigrant petition. As the employee, you are the beneficiary of that petition.
What Is My Role As The Employee In The Process?
As the foreign worker, your role is to:
- Provide accurate and detailed documentation regarding your work history, qualifications and immigration status
- Coordinate with your employer during the application process
- Submit Form I-485 (Application to Register Permanent Residence or Adjust Status) when a visa number becomes available, or attend your consular interview if outside the U.S.
Do I Need A Job Offer To Apply For An Employment-Based Green Card?
Yes, in most employment-based categories, a permanent job offer from a U.S. employer is required. However, some categories allow for self-sponsorship, such as:
- EB-1A: Alien of Extraordinary Ability
- EB-2: National Interest Waiver
Our San Jose employment green card lawyers can help determine if your situation qualifies.
What Are The Benefits Of An Employer-Sponsored Green Card?
Obtaining an employer-sponsored green card offers long-term stability and a pathway to U.S. citizenship. Benefits include:
- Legal permanent residency to live and work in the U.S.
- Ability to sponsor eligible family members for green cards
- Freedom to change employers after green card approval (within certain limitations)
To fully leverage these benefits, you’ll need to provide specific documentation to support your application, as outlined below.
What Documents Or Forms Do I Need To Submit?
As the employee, you may be responsible for:
- Submitting Form I-485 for adjustment of status (if in the U.S.)
- Attending a medical examination
- Providing identity documents, educational credentials and proof of work experience
- Attending a biometrics appointment or consular interview
Your employer handles the immigrant petition, while you handle the adjustment of status or visa application once the petition is approved.
How Can I Prove My Qualifications And Work Experience?
You must submit:
- Letters from former employers verifying job titles, dates of employment and job duties
- Degrees, transcripts or professional licenses
- Translations of foreign-language documents, if applicable
Strong documentation supports the credibility of your application and increases the likelihood of approval.
General Questions About Employer-Sponsored Green Cards
The answers below offer clarification on shared concerns during the employment-based green card process.
What are the requirements to get an employer-sponsored green card?
To qualify for an employer-sponsored green card, both parties must meet certain criteria. Employers must:
- Offer a permanent, full-time job
- Complete the PERM labor certification process (in most cases)
- Demonstrate the ability to pay the offered wage
Employees must:
- Possess the qualifications for the offered position
- Be admissible to the U.S. under immigration law
- Maintain a lawful status if applying from within the U.S.
Eligibility may vary depending on the specific employment-based green card category.
Can my family come with me if I get an employment-based green card?
Yes. Spouses and unmarried children under 21 may also qualify for permanent residency as derivative beneficiaries of your green card. If you are adjusting status in the U.S., they may file Form I-485 alongside you. If consular processing, they may attend interviews at the U.S. consulate in their home country.
What happens if I change jobs while my green card is pending?
Changing jobs during the green card process can be risky, but sometimes possible. Under certain circumstances, you may still proceed with your green card if:
- Your form I-485 has been pending for 180 days or more, and
- The new job is in the same or a similar occupational classification
This flexibility applies to some employment-based green card categories under the American Competitiveness in the Twenty-First Century Act (AC21).
How long does the entire green card process take?
The timeline depends on the visa category, country of chargeability and how long it takes to obtain labor certification and USCIS approval. In general, the process can take anywhere from one to three years or longer.
Confused And Overwhelmed? We Can Help!
If all of this seems overwhelming and confusing, that’s ok. Our employment green card lawyers are here to help. With over 25 years of combined experience working in immigration law, we know the ins and outs of the law, including what needs to get done and who needs to do what, so you can focus on what’s important. Our firm will remove the stress and ensure things are done correctly and efficiently.
Contact A Knowledgeable San Jose Employment Immigration Lawyer
Let Fok Immigration Law be your guide in securing an employment-based green card. Our San Jose employment green card lawyers are ready to assist you. To set up a free consultation, please call our San Jose office at Free Phone Consultation or our San Mateo office at 650-546-7020 or send us an email. We have law offices in San Jose and San Mateo.