What are the three stages of employment-based immigration in Atlanta?

Atlanta, GA – If you have valuable professional skills and there’s a shortage of laborers in your field on the US labor market you can use employment-based immigration to obtain permanent legal residence in Georgia. The process is quite complex and there are significant waiting times so it is advisable to get a good immigration lawyer in Atlanta to help you with the paperwork. You want to avoid making mistakes on your forms or submitting incomplete documentation, because that would cause unnecessary delays to your application. Here’s all you need to know about employment-based immigration in Georgia and the waiting times for every step of the process..

Three stages of employment-based immigration in Georgia

PERM Labor Certification

The Georgia employer willing to file a petition on your behalf needs to first prove that there are no willing and qualified US workers to fill in a specific position. They can do that by advertising the position just as they would for any other job and review CVs for at least 30 days prior to their petition for an alien worker. The employer is required to offer at least the prevailing wage for that position, in accordance with the Department of Labor’s determination. 

This process can take 6-18 months depending on the workload at the DOL regional center.

There are, however, certain categories of professionals who are exempt from PERM certification labor. These are:

  • People with extraordinary abilities in the sciences, arts, education, business or athletics
  • Outstanding professors and researchers with ‘international recognition for outstanding achievements in a particular academic field’
  • Multinational manager or executives. The applicant must have worked for at least one year for the company that is interested in transferring them to their Georgia offices. 
  • National visa waivers are available for individuals with an advanced degree relating to an area of exceptional ability, and the USCIS considers that allowing these persons into the country is in the best interest of the United States. 
  • Also, physical therapists and professional nurses may qualify for an exemption under the DOL’s Schedule A program, as there is a shortage of workers in this field. 

I-140 employer’s application for immigrant visa

Once they have the PERM certification, the employer can file an I-140, which is the petition for the alien worker. At this time, the employer will need to submit proof that the foreign worker meets the professional requirements and they must also show they have the means to pay the worker’s wages. This part of the process may take 4-12 months, but with premium processing the waiting time may be reduced to 60 days.

I-485 adjustment of status

The I-485 is a form the alien worker must file either at the same time the employer fills in the I-140 or after the latter is approved. You need to talk to an experienced lawyer to see whether in your case it is advisable to file both forms at the same time or it is preferable to wait. If the immigrant worker is already in the US, their I-485 will take around 6 months, while people outside the US may have to wait 6-9 months. 

If you have any problem concerning immigration, you need to seek legal advice from an experienced attorney at the Kuck | Baxter Immigration LLC law firm in Atlanta and let them help you start a new life and a new career in Georgia. 

Contact info:

Kuck | Baxter Immigration LLC

365 Northridge Road

Suite 300

Atlanta, GA 30350

Tel : (404) 816-8611

Source: US Citizenship and Immigration Services (USCIS)

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