United States immigration laws are designed to serve the interests of both employers and workers. There are many ways through which employers can petition for foreign-born employees. Our immigration laws protect U.S. workers by restricting employment-based immigration to persons whose skills and expertise are otherwise unavailable in the domestic workforce.
US immigration law allows 140,000 persons annually to obtain green cards through employment. This number includes both the principal worker and immediate family members (spouse and unmarried children). Persons born in a particular country cannot use more than 7% of the quota in each of the 5 employment-based (EB) categories. This has led to long backlogs in the EB categories for persons born in India, mainland China and the Philippines.
In general, before an EB-2 or EB-3 preference petition on behalf of a prospective immigrant can be submitted to the US Citizenship and Immigration Service (USCIS), an employer must obtain the approval of a PERM application issued by the US Department of Labor. This represents a determination that no minimally-qualified US workers are ready, willing and able to fill the job, and that the employment of an immigrant will not adversely affect the wages and working conditions of US workers
We will be happy to clarify all intricacies of these cases. Please contact us for more information.