Permanent Immigration Attorney
Family-Based And Employment-Based Permanent Residence
- Labor certification (PERM): Obtaining labor certification requires a determination by the U.S. Department of Labor that the hiring will not adversely impact U.S. worker job opportunities and that there are no qualified American applicants for the position.
- Outstanding professors and researchers: A first-preference (EB-1) group, outstanding professors and researchers may be eligible for employment-based immigration without a labor certification.
- Individuals of extraordinary ability: Individuals of extraordinary ability are another group given first preference (EB-1). This visa is available for those who can demonstrate extraordinary ability in various specified fields through documentation of national and international acclaim.
- Multinational Managers or Executives: A first-preference (EB-1) group, where the petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity.
- National interest waiver: For most second preference (EB-2) candidates, USCIS will require a job offer and PERM labor certification. However, if it can be established that granting the EB-2 petition would be in the national interest of the United States and the other requirements are met, the job offer and labor certification requirements can be waived with a national interest waiver (NIW).
- Special handling labor certification: Universities and colleges face a less stringent labor certification process when hiring professors who are foreign nationals. The special handling labor certification must include extensive documentation, and the position for which the professor is hired must contain a component of classroom teaching.
- Inadmissibility and waivers: For those who have been deemed inadmissible, a waiver petition is required to waive the grounds of inadmissibility.
- Adjustment of status vs. consular processing: Certain individuals may be able to pursue permanent residence in the U.S. and adjust their status to become permanent residents. Individuals outside of the U.S. will usually process at a U.S. Embassy or Consulate (termed consular processing). Some individuals may select either route and should consult an attorney to determine the best approach.
- Provisional waiver process: Certain family members of U.S. citizens can apply for provisional unlawful presence waivers while remaining in the United States during adjudication. This is a tremendous benefit for those impacted, as the former process required exit from the country before filing for this petition.
- Diversity visa (the lottery): Fifty thousand people per year are granted immigrant visas through the Diversity Visa Lottery Program, allowing selected entrants, their spouses and children to apply for permanent residence.
- Religious workers: Ministers and certain religious workers may be eligible for permanent residence through the fourth preference category (EB-4): special immigrant religious workers.
- Permanent residence through investment: Foreign nationals can immigrate to the United States for investment purposes either as managers or executives of multinational corporations or as individual entrepreneurs seeking investment opportunities in the United States.
- Processing at U.S. Embassies or Consulates: Depending on the circumstances, you might be able to have your immigration matters handled at a U.S. Embassy or Consulate abroad.
Contact David Ware
David Ware is proud to serve individuals and organizations nationwide. Our offices are located in the greater New Orleans area; Florida; Seattle, Washington and Centennial, Colorado. We are available by appointment. Call 504-830-5900 or contact the firm online.