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Employment-based Legal Residency Options

Written By The Shapiro Law Group on May 10, 2012

Each year, a large number of undocumented workers are deported who are parents of U.S. citizens. Many of these workers might have been able to avoid deportation and painful separation from their families by simply contacting a good immigration attorney who could help them to pursue a legal avenue to employment-based permanent residency.

The pathways to legal residency are many, but almost all of them can be categorized into of the following descriptions:

  1. Employer petitions. If an employer offers a worker a job in this country, the employer can choose to file a petition on your behalf to obtain an employment-related visa or green card (authorizing permanent residency).
  2. Worker petitions. In some circumstances, a worker can file their own petition for employment-based immigration. Aliens of extraordinary ability may qualify for green cards. You might also qualify for a national interest waiver.
  3. Investment-based petitions. If an alien makes a substantial investment in a U.S. enterprise meeting certain qualifications, that too may create a path to legal residency, including permanent status.

Some individuals might also fall into a variety of special classifications allowing them to obtain a green card or some other authorization to stay because they have fled persecution, assisted the U.S. government or helped particular international organizations, but those situations are more rare.

Of course, a worker who has already stayed in this country for too long without proper authorization might have to jump through more hoops (filing for waivers of inadmissibility and so forth) in order to clear a path to legal residency, but a good lawyer can often find a way to get it done.

If you need assistance or counseling with regard to your immigration status, do not hesitate to contact our offices for an appointment by calling (847) 564-0712, and/or feel free to check out our immigration law Website.