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Employment
Immigration Information
The most common way to start legal work to secure the status of Lawful Permanent
Resident (LPR), also called "green card," for a foreign national
(and accompanying family members) is through a company's offer of a permanent
position to the foreign national beginning with the AEC (Alien Employment
Certification) process.
There are three U.S. departments involved: the Department of Labor (DOL)
and its federally-funded state agency, the Employment Development Department
(EDD); the Department of State (DOS) and its Visa Office; and the Department
of Justice (DOJ) and its Immigration and Naturalization Service (INS).
The first step is for a company to apply for an AEC in the foreign national's
behalf. (The AEC is also called a Employment Immigration). It is a statement
by the DOL to the INS that there are not qualified and available U.S.
workers to take the permanent job that is offered to the foreign national.
The second and third steps, which are filed with the INS and may be filed
concurrently, are the I-140 (Petition For Alien Worker) and I-485 (Application
for Permanent Residence).
Some foreign nationals may bypass the EDD and the DOL and file the I-140/I-485
directly with the INS. These include foreign nationals with extraordinary
ability, outstanding researchers and professors, multinational executives
and managers, foreign nationals whose presence in the U.S. would serve
the national interest, registered nurses, and physical therapists.
If you have questions regarding any of these immigration law issues,
see our FAQ's page and/or seek out an Employment
Immigration attorney (lawyer) in your area for help.
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