Working your way to the USA -- Michael Templo
Atty. MICHAEL TEMPLO | 10/11/2008 3:03 AM
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There are two ways to get permanent residence in the United States. One is through family and the other is through work. The first way is to be petitioned by a close family member. The second is to be petitioned by an employer. If you are not qualified to be a beneficiary of a family-based petition, then you could turn your sights on getting qualified for an employment-based petition.
An employment-based petition requires that you have a willing U.S. employer who is offering a permanent job opportunity for you and that you possess the qualifications for the job. Once approved, your status in the U.S. becomes that of a legal permanent resident, which allows you to live and work in the U.S.
However, not everyone can qualify for an employment-based petition. You must fall into one of the four categories of the EB visa. These categories are listed below:
(1) EB-1 Priority workers or those with extraordinary ability in sciences, arts, business or athletics or those managers and executives subject to international transfer to the United States;
(2) EB-2 Professionals with advanced degrees or persons with exceptional ability or those holding advanced degree or those with exceptional ability in the arts, sciences or business;
(3) EB-3 Skilled or professional workers or those members of a profession with at least a university bachelor’s degree or those capable of performing a job requiring at least two (2) years training or experience;
(4) EB-4 Special Immigrants or those religious employees or employees and former employees of the U.S. Government abroad.
Before filing an employment-based petition, your U.S. employer must seek certification from the Labor Department that the job being offered to you cannot be filled by a U.S. worker. The certification request will either be denied or approved.
Once approved, the U.S. employer files an immigrant visa petition or Form I-140 Petition for Permanent Alien Worker with the United States Citizenship and Immigration Services. The U.S. employer must attach the Labor Certification and supporting documents showing the company’s financial capacity and the alien’s qualifications.
If you are outside the U.S., you apply for your immigrant visa when an immigrant visa number becomes available. If you are already in the U.S., you apply to adjust your status using Form I-485 Application to Register Permanent Residence or Adjust Status.
The whole process of immigrating to the U.S. through employment is tedious and complicated, which requires a huge commitment from you and your potential U.S. employer. A lot of resources, time, and effort will be spent for you to get your greencard, and it is very important that you really think things through.
It is not enough to just wish to get any job in the U.S. while sacrificing being away from your family and being in a foreign land. You must consider the quality of life you are willing to sacrifice when you get stuck in a job you do not enjoy or does not give you satisfaction all because you are waiting for your greencard.
Being in a situation like that may be immensely draining, both physically and emotionally, to some, who might be just better off just staying where they are. You also must consider that even though the pay may be higher abroad, it’s evened out by the equally high cost of living.
All that being said, should you still decide to work your way to the U.S.A., then you should seek the services of a competent attorney and make sure that your U.S. employer is willing to go the distance with you.
Atty. Michael Templo is an admitted attorney in New York, USA and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at mdt@templolaw.com or log on to www.templolaw.com.