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.
January 4, 2021
January 2021 Visa BulletinSubsequent to the issuance of the January 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when…More
December 16, 2020
Federal Judge Restores DACA, DHS to Accept ApplicantsU.S. District Judge Nicholas G. Garaufis in Brooklyn ruled to restore the eight-year-old Deferred Action for Childhood Arrivals, or DACA,…More