KEY PRACTICE AREAS
Foreign workers may obtain permanent residence if they are able to establish that they have unique skills, or are being offered a job in the United States that will not displace a U.S. worker or have an adverse effect on the wages and working conditions of U.S. workers. Most of these cases involve a labor certification through the U.S. Department of Labor. A "labor certification" is a certification by the United States Department of Labor that a shortage of qualified U.S. workers exists to fill your job and that you are being paid the "prevailing wage." One of the most important factors in the ultimate success of a labor certification is a correct determination of the minimum requirements needed to perform the job. Because this factor is so critical, my office spends much time obtaining and digesting information and then drafting the appropriate paperwork. The process used to do the labor certification is known as PERM (Program Electronic Review Management).
Upon receiving an approved labor certification our office prepares a visa petition that is submitted to the U.S. Immigration and Naturalization Service. The purpose of the visa petition is to prove to the Immigration Service that 1) your job has been certified by the Department of Labor, 2) you meet all of the requirements listed on the labor certification, and, 3) your employer has sufficient resources to pay your salary.
The last phase in the 3-step process is actually applying for permanent residence. Again, we will assist in preparing all the forms and ensuring that the supporting documentation is complete.
The Law Office of Maureen McSorley has been handling employment-based cases for more than 20 years now. We will evaluate your individual case and work with you and your employer to process the various stages of the process until legal permanent resident status is attained.