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.
December 19, 2024
DHS Announces H-1B Modernization Final Rule to Improve Program Integrity and EfficiencyOn December 18, 2024, the Department of Homeland Security (“DHS”) published a final rule modernizing the H-1B visa program, which…More
December 18, 2024
DHS Final Rule for Application of Certain Mandatory Bars in Fear ScreeningsThe Department of Homeland Security (DHS) issued a final rule on December 18, 2024, which amends 8 CFR 208.30(e) and…More