Immigration & Nationality Law Group
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Understanding permanent employment-based immigration

If you count yourself among those considering relocating to Louisiana or another part of the country for work purposes, you may be hoping to do so by obtaining an employment-based visa. The nature of the job and the length of time you plan to stay in the country are among the factors that will determine what type of visa might be appropriate for your needs. Additionally, your chances of being able to obtain an employment-based visa may increase alongside your level of expertise within your field.

If you wish to live and work in the United States on a permanent basis, you must first establish permanent residency.

Establishing permanent residency

By establishing permanent residency in the United States, you can preserve your right to remain in the country, even if you no longer hold the position that initially brought you to the U.S. Additionally, once five years have passed since you established lawful permanent residency, you can pursue U.S. citizenship, should you choose to do so.

To achieve permanent residency status, you and your employer must typically cover several bases. First, your employer must secure certification from the U.S. Department of Labor after demonstrating an inability to fill your position with an American worker. Next, your employer, or in rare instances, you, must file a petition with U.S. Citizenship and Immigration Services requesting your desire to work. Once you secure a temporary employment visa and your employer receives approval of his or her petition from USCIS, you can apply for an adjustment of your immigration status. Whether your status ultimately changes depends on several factors, among them whether a visa number is currently available.

The United States can only issue so many employment-based visas each year. If you have an extraordinary ability, specialized training or considerable expertise in a particular field, you may find it easier to relocate to the United States to work on a permanent basis.

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