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.
April 5, 2024
USCIS Increases Automatic Extension of Certain Employment Authorization Documents to 540 DaysUSCIS today announced a temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up…More
March 11, 2024
DOS Releases April 2024 Visa BulletinThe DOS has posted its April 2024 Visa Bulletin. This latest visa bulletin shows little movement in priority dates with…More