SEEKING PERMANENT RESIDENCE BASED ON EMPLOYMENT

Labor Certification is normally required and involves test recruitment to demonstrate that no qualified U.S. worker is available and that the prevailing rate of pay will be paid.  Applications for permanent residence typically require 3-6 months for processing by the Department of Labor followed by an additional 12-15 months for processing by the INS.  Additional delays may occur to wait for a visa number, particularly for lower skilled categories and natives of India, China, and other countries which have a relatively high number of immigrants.  Processing times vary by location and change at different times.  Applicants may not be employed (unless they have a separate work visa) until the final stages of INS processing.

Certain Labor Certification exempt categories can be processed more quickly and include:

·         Multinational managers who have worked abroad for the same corporate group for 12 months in managerial or executive capacities and are relocating to the U.S. to work in a managerial or executive capacity.  Petition requires extensive documentation, testimonial letters, and employer to have been doing business for 1 year in the U.S.

·         High-level researchers who have at least 3 years of experience.  Applicants must have track record of accomplishment in relevant discipline and must document accomplishments based on testimonials from experts in the field and record of recognition (i.e., scholarly publications).

·         Persons in positions which require a master's degree will also enjoy preference, but sometimes, even this category is backlogged for natives of India and China.