Foreign workers can 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.
Employed-Based Immigration is quite complex and involves working not only with the Immigration Service, but also complying with the Department of Labor requirements. Permanent Labor Certification process, most commonly known as PERM, involves specific recruitment steps and application process that if done by an inexperience practioner, can trigger many problems and ultimately end in denial. Svetlana Lebedinski has a proven record of being able to work closely with the employer to prepare a package that complies with the law and fits best with the business's demands. Her business education and prior experience in the business field are instrumental in understanding the model under which a business must operate to remain profitable.
First Preference EB-1:
First subcategory is for persons of extraordinary ability in the sciences, arts, education, business, or athletics; the extraordinary ability is to be demonstrated by sustained national or international acclaim and by extensive documentation. 8 USC §1153(b)(1)(A)(i), INA §203(b)(1)(A)(i). Such persons are not required to have a prospective employer, but they must be entering to continue to work in their chosen field.
Another subcategory is outstanding professors and researchers with a minimum of three years’ experience in teaching or research who are recognized internationally in an academic discipline. 8 USC §§1153(b)(1)(B)(i), (ii); INA §§203(b)(1)(B)(i), (ii). These individuals must be coming for a tenure or tenure-track position, or for a comparable position at a university, institute, or with a private employer to conduct research.
The final subcategory is for multinational executives or managers who have been employed abroad in that capacity with the firm, corporation or legal entity, affiliate, or subsidiary for one year in the last three years prior to entry. In second and third subcategories Labor Certification is not required; however, there must be an offer of ongoing employment from the sponsoring employer.
Second Preference EB-2:
This preference category is the most useful among individuals who possess a masters degree or at least five years after the attainment of a Bachelor's Degree. EB-2 is for members of the professions holding advanced degrees, or for persons with exceptional ability in the arts, sciences, or business who will substantially benefit the national economy or culture. Labor Certification and offer of ongoing employment is required for this category.
Third Preference EB-3:
This preference category is for skilled workers and professionals. Most common credentials and job requirements for a professional worker that would qualify him or her for this category is a Bachelor's Degree and extensive work experience equivalent to an attainment of a Bachelor's Degree. Skilled workers are persons whose position requires a minimum of two years’ training or work experience.
Forth Preference EB-4:
This preference category includes certain religious workers.
Fifth Preference EB-5:
This preference is for investor visas. It provides conditional residency for those who invest $1 million in a new commercial enterprise that employs at least 10 full-time U.S. workers. 8 USC §1153(b)(5)(A); INA §203(b)(5)(A). Conditional residency means that the beneficiary receives temporary residency for a two-year period, at which time an application is made to remove the condition and grant permanent residence.
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Call us at +1 248 850 2129 or use our contact form.
24725 West 12 Mile Road
Southfield, MI 48034
Phone: +1 248-663-5150
For changes of address, Form AR-11 must be sent to the following address OR submitted online at www.uscis.gov: DHS/USCIS, Harrisonburg File Storage Facility, Attn:
AR-11, 1344 Pleasants Drive, Harrisonburg, VA 22801.
The information on this Michigan Immigration Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Law office with practice exclusively in Immigration and Nationality Law. Serving clients in Oakland, Macomb, Wayne, Livingston counties, throughout the State of Michigan and other states. Office located in Berkley, Oakland County; however, clients travel to meet with Svetlana Lebedinski from the cities throughout the Metro Detroit area, western Michigan and the adjacent states of Ohio and Illinois. Full services Immigration Law Firm serving Farmington Hills, West Bloomfield, Novi, Troy, Detroit, Hamtramck, Downriver, Commerce Twp, Walled Lake, Pontiac, Livonia, Ann Arbor, Ypsilanti, Howell, Wixom, Utica and beyond.