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Employment Based Permanent Residency

Michigan Employment Immigration Lawyer

Helping Clients in and around Detroit with Employment Immigration Needs

In some situations, a foreign national may wish to seek permanent residency (green card status) in the United States for employment or family reasons. Generally, in order to qualify for a green card, an application must:

  • Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)
  • Have a qualifying immigrant petition filed and approved
  • Have an immigrant visa immediately available
  • Be admissible to the United States

Michigan employment immigration attorney David Newman focuses on assisting employers and foreign national employees working in the United States with all of their immigration, citizenship, and residency needs. If you have been working in the United States under a visa and wish to apply for permanent residency, contact Detroit area immigration attorney David Newman at (248) 737-1824 to learn more about how he can help you obtain a green card.

Green Card Application Process

In order to obtain a green card for employment-based permanent residency, the employer must sponsor the applicant by submitting an affidavit of support. The affidavit of support is a document whereby he or she accepts financial responsibility for the applicant seeking to live permanently in the United States. Pursuant to an affidavit of support, the sponsor’s financial responsibility generally lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years).

Detroit employment immigration attorney David Newman understands the procedures and obligations required of an employer sponsor for a green card applicant. He will take the time to explain the requirements, rights, and responsibilities of the employee and the employer sponsor, and assist you with the employment-based permanent residency application process.

Employment-Based Permanent Residency

Currently, there are five employment-based preference categories for obtaining permanent resident status:

  1. First Preference (EB-1 priority workers) is for foreign nationals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
  2. Second Preference (EB-2 workers with advanced degrees or exceptional ability) is for foreign nationals who are professionals holding advanced degrees and foreign nationals who possess exceptional ability in the sciences, arts, or business that will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
  3. Third Preference (EB-3 professionals, skilled workers, and other workers) is for foreign nationals with at least two years of experience as a skilled worker, professionals with a baccalaureate degree, and others with less than two years of experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
  4. Fourth Preference (EB-4 special immigrant workers such as those in a religious occupation or vocation) is for foreign nationals who, for at least two years before applying for admission into the U.S., have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
  5. Fifth Preference (EB-5 employment creation) is for foreign nationals who wish to invest capital in a commercial enterprise which will create employment for U.S. workers.

Whatever your employment situation or your industry/field of employment, Michigan employment immigration attorney David Newman can advise you on the immigration and residency options available. Contact his office at (248) 737-1824 to schedule a consultation to discuss various employment immigration options, including an H-1B visa, L-1 visa, E-1/E-2 visa, or permanent residency.