Pathway for Immigrant Workers, Inc.

There are millions of foreign-born workers in the U.S.  Permanent residence is available to individuals in family and employment-based categories.  Some also obtain permanent residence through the diversity lottery or as an asylee or refugee.  

However, many people who are in the U.S. lawfully have no avenue to a green card because they are in low-skilled, minimum wage occupations where employers are unable to spend the legal fees necessary to sponsor them.  

Many such workers have temporary statuses or permission to remain in the U.S. and work such as DACA, TPS, and pending asylum applications.  What they lack is an an avenue to an immigrant visa. We formed Pathway for Immigrant Workers to provide that avenue.

Legal Services We Provide

 

Initial Assessment

To start the process, we complete an initial assessment of immigration options for the employee.  We examine the employee’s background and immigration history, we review the various grounds of inadmissibility, and we assess if the employee is eligible to adjust status in the United States or obtain an immigrant visa through consular processing.  If it is determined that the foreign national is eligible, we then recommend to the employer that we begin the employment-based green card process. 

PERM Process

A permanent labor certification issued by the U.S. Department of Labor (DOL) is the first step toward allowing an employer to hire a foreign worker to work permanently in the United States. The employment-based green card process starts with a test of the labor market to determine if there are any minimally qualified U.S. workers ready, willing, and able to take the job. After a comprehensive search, if no qualified U.S. worker is identified, the employer can request the Application for Permanent Employment Certification be approved.

Prevailing Wage

Before the test of the labor market begins, the employer first obtains a prevailing wage determination to ensure the job is being offered at a wage that is at or above market rate and also at or above the actual wage paid to other workers in the same job classification at the place of employment. The DOL must certify that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Employer Representation

Pathway for Immigrant Workers represents the employer in this process.  We work with the employer to define the job and its minimum requirements.  We obtain the prevailing wage determination.  We conduct the recruitment pursuant to DOL regulations.  We complete the Form 9089 and submit it to the DOL as well as respond to any audit or additional questions from DOL. We continue our representation of the employer with the filing of the immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS).

Immigrant Visa Process

Once the Application for Permanent Employment Certification is approved, the employer can then move on to step two of the process, obtaining an approved immigrant visa petition from USCIS. An approved immigrant visa petition allows the foreign national to apply for lawful permanent residence status (green card) personally. The employer must establish that: 1. The employer can pay the proffered wage from time of filing the 9089 to date, 2. The foreign worker meets the minimum requirements of the position, and 3. The DOL has approved the Application for Permanent Employment Certification.

Adjustment Of Status Or Consular Processing

If eligible, the foreign-born worker will then complete the green card application, the final stage of the process, through adjustment of status in the U.S. before the U.S. Citizenship and Immigration Services (USCIS) or via consular processing abroad through the U.S. Department of State (DOS).  Foreign nationals, if they wish legal representation at this stage, will be referred to other area nonprofit agencies or low-fee attorneys willing to assist.  Click here for a list of local pro bono and low-cost legal services options. 

 Frequently Asked Questions

  • Each client works directly with an attorney and possibly with a law student intern. An attorney will always be available to answer your questions and provide guidance for the process.

  • We provide free legal services. The only costs the employer is asked to cover are the cost of advertising as is required by regulation and the filing fees associated with the immigrant visa petition. Costs are estimated to be between $900 and $1,500 depending on the cost of advertising in the local paper and other advertisements if required.

  • The employment-based green card process is lengthy. There are three steps to complete, each with its own processing times and backlogs. While exact timeframes are not possible, the process takes well over a year to complete and often several years. Government processing times for the different steps are published here: Labor Certification, Immigrant Visa Petition, Consular Processing, and Adjustment of Status.

  • We complete an initial assessment to determine eligibility to complete the process. We are experienced and are most often successful, but no case can be guaranteed. We promise to be transparent about the process and the risks. The employer makes the decision about whether to proceed.