Employment Immigration Lawyer in Pleasanton, CA
Serving Clients Across the United States & Worldwide
Permanent residents in the U.S. enjoy a variety of rights and privileges as opposed to those without legal documentation. This is why many people want permanent residency status in the U.S. One of the most widely-used methods to obtain permanent U.S. residency is through the Employment-Based immigration category.
At Dana Michael Ritter, we focus a significant portion of our practice on employment immigration. This has given us a depth and breadth of legal knowledge related to the employment-based categories, their requirements, processes, and potential pitfalls.
Our firm represents companies of all sizes, industries, and complexities, from startups to Fortune 500 corporations. Through our intensive work in this area, we understand the services and representation you need to prevail in this complex area of U.S. immigration law.
You are eligible to apply for permanent residency under this category if:
- You have an opportunity to work permanently in the U.S.
- You have an employer in the U.S. who wants to sponsor you for lawful permanent residency (LPR) in the U.S.
Applying for an Employment-Based Visa
The general procedure to apply for an employment-based visa is as follows:
- Your employer in the U.S. must first determine if you are eligible for lawful permanent residency (LPR) according to the norms set by United States Citizenship and Immigration Services (USCIS).
- In most cases, your employer must submit a completed labor certification request (Form ETA-750) for you to the Department of Labor’s (DOL) Employment and Training Administration. The DOL will either grant or deny the certification request.
Qualified alien physicians who will practice medicine in an area certified as ‘underserved’ by the U.S. Department of Health and Human Services do not need a Labor Certification.
Once the Labor Certification is granted, your employer will submit an immigrant visa petition (Form I-140, Petition for Alien Worker) at a USCIS service center on your behalf. USCIS must approve the petition. The employer is the sponsor (or petitioner) for you (the beneficiary).
Once the petition is approved, the Department of State (DOS) gives you an Immigrant Visa Number (even if you are already in the U.S.), indicating that an immigrant visa will be assigned to you soon. You can check on the status of your visa number in the Visa Bulletin published by the DOS.
After you get your visa number:
- If you already reside in the U.S., you must apply for a change to permanent resident status.
- If you are outside the U.S., you will be notified and must complete the process at your local U.S. Consulate office.
Five categories for employment-based immigration exist as follows:
EB-1 Priority Workers:
- Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- Outstanding professors or researchers.
- Managers and executives transferred to the U.S.
EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability:
- Individuals with exceptional ability in the sciences, arts, or business.
- Professionals with advanced degrees.
- Qualified Physicians intending to practice medicine in underserved areas.
EB-3 Skilled or Professional Workers:
- Professionals with bachelor’s or equivalent degrees.
- Skilled workers with at least two years of experience.
- Unskilled workers.
EB-4 Special Immigrants:
- Religious workers.
- Employees and former employees of the U.S. Government abroad.
EB-5 Immigrant Investors:
- Individuals who want to set up a new commercial enterprise.
- Individuals who are in the process of investing or have invested in a new commercial enterprise.
We are here to help you understand all the details related to eligibility and procedures for work visas related to employment-based immigration. Our team is committed to helping you achieve your immigration goals.
Citizenship & Naturalization Following Legal Permanent Residency Status
For individuals with lawful permanent resident (LPR) status in the United States, the next step towards fully embracing the American dream is obtaining U.S. citizenship. Citizenship offers numerous benefits, including the right to vote, government benefits, and protection from deportation.
To become a U.S. citizen through naturalization, an LPR must meet specific eligibility requirements and complete several steps:
- Eligibility: You must be at least 18 years old, have held LPR status for at least five years (or three years if married to a U.S. citizen), demonstrate good moral character, and possess basic English language proficiency and knowledge of U.S. civics.
- Form N-400: You must file Form N-400, the Application for Naturalization, with the U.S. Citizenship and Immigration Services (USCIS). This form collects personal information, employment history, and other relevant details.
- Biometrics Appointment: You will receive a notice for a biometrics appointment after applying. During this appointment, fingerprints, photographs, and a signature will be collected for background checks.
- Interview and Civics Test: Next, you will attend an interview with a USCIS officer. During the interview, the officer will review the application, ask questions about your background, and administer an English language and civics test. The test assesses knowledge of U.S. history, government, and basic English language skills.
- Oath of Allegiance: If the officer approves the application, the final step is attending a naturalization ceremony, where you take the Oath of Allegiance to the United States. After taking the oath, you become an official U.S. citizen.
Navigating the naturalization process can be complex, and it is highly recommended to consult an experienced immigration lawyer for guidance and support. At Dana Michael Ritter, we can provide personalized advice, assist with form preparation, help gather necessary documentation, and walk you through each step of the process. Our representation ensures that the application is accurate, complete, and aligned with the requirements set by USCIS.
"I have worked on some most difficult and complex work visa cases for our employees through Dana’s office and got them cleared successfully."
If there is even a remote possibility of finding a way to resolve any immigration issues within the legal realms, be rest ...Gazal
"Dana has been our immigration attorney for the last more than 10 years. She has done an excellent job for us. Her staff is very professional and responsive."
Dana has been our immigration attorney for the last more than 10 years. She has done an excellent job for us. Her staff is ...Mohinder
"Dana has been our immigration lawyer for the past 5 years and has handled numerous H1B and green card applications. She is highly responsive and is surrounded by a pleasant and knowledgeable team."
Dana has been our immigration lawyer for the past 5 years and has handled numerous H1B and green card applications. She is ...David
"Our company has been using Dana Law and her team of experienced attorneys for our immigration needs, almost like forever!!!"
Our company has been using Dana Law and her team of experienced attorneys for our immigration needs, almost like forever!!! ...Alima
"They are very knowledgeable, reliable, personable, good listeners and supportive. We value their advice as we feel it is fair, unbiased, true and without intent to extract business."
We have worked with Dana and her team for about 7 years now. They help us with our H1B and GC work permit related business ...Manoj
"I am glad I got all my immigration issues resolved on time with the help of Dana and her teams excellent work."
I had my PERM denial in May 2013 with my earlier employer was based in New Jersey. So I had to change my employer to start a ...Phanidar
"Dana is an outstanding attorney with a great deal of knowledge in the field of Immigration Law."
We have been working with Dana’s firm for over 7 years. We have had a very good experience working with Dana and her team. ...Murali
"Dana is very much accessible whenever I have a question. She patiently listens to all my queries and answers all of them."
I have been working with Dana for the past 2 years. She has helped me with my immigration petitions and permanent residency. ...Amul