How to obtain permanent residency in the US through a job offer?
The search for permanent residency in the United States is a dream shared by many people around the world. A common way to achieve this goal is through a job or job offer in this country; In either scenario, a labor certification process must begin, in which both employer and employee must follow an appropriate step by step for their request to be successful.
If you have a job offer, at Galer Law Firm you will We support the labor certification process from start to finish. Schedule an exploratory consultation here
The United States labor certification process is necessary so that companies or employers can file petitions for foreign workers with the Department of Labor (DOL). Its purpose is to regulate and streamline the labor certification application process for foreign workers, ensuring that this foreign hiring does not negatively affect the domestic labor market and protects the rights of American workers.
This process can be carried out outside the United States or within the country, if the candidate has legal nonimmigrant status.
At our firm Galer Law Firm we have successfully represented hundreds of cases in the labor certification process. Below, we explain the keys and benefits that make permanent residence in the US possible through a job offer.
¿Quién puede patrocinar a un trabajador extranjero?
Un trabajador extranjero debe contar con un empleador dispuesto a patrocinarlo para la residencia permanente. En general, tanto empresas como ciudadanos estadounidenses pueden ser patrocinadores elegibles, este empleador debe demostrar la necesidad de contratar al trabajador extranjero, tras haber cumplido con los requisitos previos establecidos por el Departamento de Trabajo y el Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS).
Si el empleador es una empresa en Estados Unidos, es irrelevante si los dueños de la empresa son americanos, residentes, tienen visa o no tienen papeles. Si quien patrocina es una persona, en ese caso sí se requiere que sea ciudadano americano.
Who can sponsor a foreign worker?
Any foreign national, regardless of their country of origin or profession, who has a valid job offer from a U.S. employer willing to sponsor them, can initiate the labor certification process and obtain permanent residency in the United States. Foreign employees may already be working in the U.S. with a temporary work visa or may be abroad at the time of application. The beneficiary may or may not have education or experience. This process is used for any type of position.
Requirements
The process of hiring foreign workers in the United States involves meeting a series of requirements, divided into three stages. The first two stages are handled by the employer, while the third is handled by the employee. Below, we will describe each of these stages and their specific requirements:
Stage 1: Labor Certification
In this stage, the employer carries out the classified recruitment process in some sub-stages and obtains labor certification after having met the key requirements requested by the United States Department of Labor (DOL).
Strategy design and job characteristics:
The employer must clearly define the requirements of the job and the skills necessary to successfully perform the position. This includes the job description, educational requirements, experience, and specific skills required.
Minimum payment established by the Department of Labor:
It must be guaranteed that the salary offered to the foreign employee meets the labor standards established by the Department of Labor. The department sets a minimum pay based on position and geographic location.
Announcement in the state labor office:
The employer must post a job advertisement with the state labor office for a period of at least 30 days. This is to ensure that there are no qualified American workers available to fill the position.
Announcement in the state labor office:
The employer must post a job advertisement with the state labor office for a period of at least 30 days. This is to ensure that there are no qualified American workers available to fill the position.
Stage 2: Immigration Petition
Once the labor certification is obtained, the employer submits the immigration petition to the United States Citizenship and Immigration Services (USCIS). Additionally, you must demonstrate that you have the financial ability to pay the salary offered to the foreign employee in the future, this is determined through tax returns, earnings, short-term assets that can be converted into cash in less than a year, or other means suitable.
Stage 3: Adjustment of Status
This stage is focused on the employee and is based on the employee’s ability to demonstrate relevant experience or education. Depending on whether the employee is inside or outside the United States, adjustment of status or consular processing will occur.
Status Adjustment
If the employee is in the United States, she can request an adjustment of estattoos from non-immigrant to immigrant. To do this, the employee must demonstrate that he has the work experience or education required to perform the job for which the labor certification was obtained.
Consular Process:
If the employee is outside the United States, he must complete the process at a US consulate in his home country. The United States government will evaluate the employee's eligibility for permanent residence, verifying that he does not have a serious criminal record, contagious diseases that represent a danger to others, or negative immigration history, among other criteria.
Benefits for the employee after obtaining permanent residence
- You have the freedom to live and work indefinitely in the United States, access social benefits, public services, educational and investment opportunities.
- Permanent residency also provides stability and legal security, allowing you to plan for a future of opportunity and enjoy the same rights and protections as U.S. citizens.
- The employee’s spouse and children under 21 years of age may enjoy the same immigration status and benefits.
- After residing for 5 years in the United States, the employee and his or her immediate family can apply for American citizenship.
Do you have a job offer in the United States? At Galer Law Firm we are here to accompany you every step of the process, representing both the employer and the foreign employee.
