The attorneys at our firm can assist with all aspects of temporary and permanent visa sponsorship. For permanent visa sponsorship of an Engineering or Computer Science professional, the U.S. Department of Labor requires employers to undergo the PERM labor certification application process, as described in the link for “Permanent Residence.”
If the sponsored position requires at least a Master’s degree, or a Bachelor’s degree and five years of progressively responsible post-Bachelor’s experience, the foreign national may qualify for permanent residence under the EB-2 immigrant visa category. However, the foreign national cannot qualify for this sponsored position based on employment with the petitioning employer, except for limited situations if the foreign national is being offered a new role that is not substantially comparable to the current/previous job positions. In addition, the sponsored employee must hold the degree equivalent of at least a U.S. Bachelor’s or Master’s degree, which is strictly construed by the U.S Citizenship and Immigration Services (USCIS). If, for example, the sponsored foreign national has only a three year Bachelor’s degree, it would not be possible under most circumstances to qualify this individual under the EB-2 classification. Careful crafting of the job description is required to ensure that the EB-3 classification would be approved by both the U.S. Department of Labor and USCIS.
June 16, 2025
Department of State Releases July 2025 Visa Bulletin The DOS released its July 2025 Visa Bulletin. For July 2025, USCIS determined that for all family-sponsored preference categories, you...MoreJune 12, 2025
LHSCD, Wendy Castor Hess and Nicole Simon Once Again Recognized by Chambers & Partners Congratulations to our firm’s partners Nicole Simon and Wendy Castor Hess for ranking in the Chambers USA 2025 Guide as...More