When a company wishes to obtain permanent U.S. residency for an employee, it is required to file a labor certification application with the U.S. Department of Labor ("DOL"). The DOL then makes a determination as to whether or not there are sufficient U.S. workers who are able, willing, qualified and available for the job; whether the employment of the foreign worker will have an adverse effect on the wages and working conditions of United States workers similarly employed; and whether the employer has met the procedural requirements of the regulations.
Once the labor certification is approved, the employer must file an Immigrant Visa Petition with U.S. Citizenship and Immigration Services ("USCIS"). When the petition is approved, the foreign worker must wait until the visa number is available, in order to be able to either file for Adjustment of Status, if in the United States, or for an Immigrant Visa through the U.S. Consulate/Embassy abroad, if outside the United States.
Immigrant Visa availability is determined by the category the case is filed under (i.e. EB-2, EB-3, etc.), which is determined by the job requirements in the labor certification (Bachelor's Degree, Master's Degree, two years of experience only, etc.), the date the labor certification was filed, and the nationality of the foreign worker.
To discuss this process in more detail, please contact my office. I am also more than happy to discuss your employment options with your current or future employer, as well!
*Please note that there are other ways to obtain U.S. Legal Permanent Residency through employment without the labor certification requirement, such as: Multi-National Executives and Managers, Persons of Extraordinary Ability (in Science, Art, Education, Business or Athletics), Persons of Exceptional Ability (in Art or Science), Outstanding Researchers and Professors, and Schedule A Nurses and Physical Therapists. Please contact me for further information regarding these potential options!*