LAW OFFICES OF RL JOHNSON
Disclaimer: The information provided herein is provided for informational purposes only and does not purport and is not intended to solicit, initiate, or form an
Attorney-Client relationship. Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
Attorney-Client relationship. Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
Law Offices of RL Johnson | Copyright © 2007 All Rights Reserved.
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LOCATIONS
MAIN OFFICE
Livonia Michigan
39111 Six Mile Road
Livonia, Michigan 48152
Tel.: (734) 521-2501
Fax: (800) 597-0284
Our Other Locations
- Southfield Michigan
Call for an appointment: (800) 597-0284
Bloomfield Hills Michigan
Call for an appointment: (888) 443-4146
Novi Michigan
Call for an appointment: (800) 545-8930
EMPLOYMENT-BASED IMMIGRATION
In an employment-based immigrant visa petition, an employer must demonstrate to USCIS that the alien
beneficiary is a foreign national qualified for the immigrant classification sought. If the immigrant petition is
based on an underlying certified labor certification application, the employer must demonstrate that the alien
beneficiary is qualified for the position certified by the Department of Labor ("DOL"). However, there are
several immigrant classifications that do not require the employer to first obtain labor certification.
Additionally, in certain classifications, the alien beneficiary is able to self-petition for the classification sought.
Job Offers: In most cases, the beneficiary of an I-140 petition must be the recipient of a job offer from an
employer in the United States. As evidence of the job offer, most petitioners who file EB-2 and EB-3 immigrant
I-140 petitions must first obtain an individual labor certification from the DOL. In other cases where the alien is
eligible for blanket labor certification, labor certification applications are submitted to USCIS with the I-140
petition. In relatively few cases, an individual labor certification from DOL and a job offer are not required.
Labor Certifications: A significant percentage of employment-based immigrant visa petitions are based on
labor certification applications approved by the DOL. In adjudicating such petitions, the DOL does not generally
review the alien beneficiary’s qualifications for the position. Rather, this authority and responsibility rests with
USCIS. Thus, adjudicators assess these immigrant petitions to ensure that the position offered is the same or
similar position that was certified by the DOL and that the alien beneficiary meets the qualifications for the
position.
The H-1B Visa: This is a nonimmigrant classification used by an alien who will be employed temporarily in a
specialty occupation or as a fashion model of distinguished merit and ability. A specialty occupation requires
theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree
or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences,
medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty
occupations. The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise
provided H-1B status. H-1B status requires a sponsoring U.S. employer. The employer must file a labor
condition application with the Department of Labor attesting to several items, including payment of prevailing
wages for the position, and the working conditions offered. The employer must then file the certified
application with a petition plus accompanying fee of $130. Based on the USCIS petition approval, the alien may
apply for the H-1B visa, admission, or a change of nonimmigrant status.
assistance with an employment-based immigration problem.
In an employment-based immigrant visa petition, an employer must demonstrate to USCIS that the alien
beneficiary is a foreign national qualified for the immigrant classification sought. If the immigrant petition is
based on an underlying certified labor certification application, the employer must demonstrate that the alien
beneficiary is qualified for the position certified by the Department of Labor ("DOL"). However, there are
several immigrant classifications that do not require the employer to first obtain labor certification.
Additionally, in certain classifications, the alien beneficiary is able to self-petition for the classification sought.
Job Offers: In most cases, the beneficiary of an I-140 petition must be the recipient of a job offer from an
employer in the United States. As evidence of the job offer, most petitioners who file EB-2 and EB-3 immigrant
I-140 petitions must first obtain an individual labor certification from the DOL. In other cases where the alien is
eligible for blanket labor certification, labor certification applications are submitted to USCIS with the I-140
petition. In relatively few cases, an individual labor certification from DOL and a job offer are not required.
Labor Certifications: A significant percentage of employment-based immigrant visa petitions are based on
labor certification applications approved by the DOL. In adjudicating such petitions, the DOL does not generally
review the alien beneficiary’s qualifications for the position. Rather, this authority and responsibility rests with
USCIS. Thus, adjudicators assess these immigrant petitions to ensure that the position offered is the same or
similar position that was certified by the DOL and that the alien beneficiary meets the qualifications for the
position.
The H-1B Visa: This is a nonimmigrant classification used by an alien who will be employed temporarily in a
specialty occupation or as a fashion model of distinguished merit and ability. A specialty occupation requires
theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree
or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences,
medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty
occupations. The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise
provided H-1B status. H-1B status requires a sponsoring U.S. employer. The employer must file a labor
condition application with the Department of Labor attesting to several items, including payment of prevailing
wages for the position, and the working conditions offered. The employer must then file the certified
application with a petition plus accompanying fee of $130. Based on the USCIS petition approval, the alien may
apply for the H-1B visa, admission, or a change of nonimmigrant status.
assistance with an employment-based immigration problem.
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Use the following form to schedule a free consultation or to get more information about our company or services.
Use the following form to schedule a free consultation or to get more information about our company or services.