Agriculture not only serves as the backbone of the United States economy but also stands as proof of its rich heritage and tradition. Within its sprawling landscapes, foreign workers are often drawn to the promise of opportunity.
For those passionate about tending to livestock, working as a sheepherder in fertile American lands can mean more than getting a job. It is a gateway to a Green Card.
However, becoming a permanent resident status in the United States as a sheepherder involves complex immigration laws. To successfully navigate this process, a lawyer for Green Card can guide you from being employed to being a permanent resident.
A Lawyer For Green Card Can Help You
Employment-based immigration has been one of the most common strategies for professionals and skilled workers to work in the United States. Obtaining a Green Card is undeniably its most inviting reward.
With the country’s dynamic needs, some occupations are more emphasized due to their vital economic role. Agricultural workers play a big role in the U.S. economy, so there are intended Visas for foreign workers to fill important agrarian jobs.
However, you should note that becoming a permanent resident in the United States as an agricultural worker involves a lot of legalities and complexities. It’s not a black-and-white situation wherein you just have to sign documents and await judgment.
Having an experienced Green Card lawyer at your side clarifies the process and ensures your eligibility for your employment Visa. They’re like the shepherd guiding their flock through rough terrain, always watching out for any obstacles that may arise.
From assisting with paperwork to addressing potential challenges, they provide support and guidance to help you navigate the process confidently. These legal professionals can also clarify your Visa pathways for herding sheep as a profession in the United States.
Different Visa Options For Sheepherders
If you are a sheepherder interested in working in the United States, you should know the different Visa options specific to the job role. You can opt for an EB-3C or H-2A Visa, depending on your situation.
EB-3C Visa Category
The EB-3C Visa is a subcategory under the Employment-Based Third Preference (EB-3) program. It is specifically for non-citizens engaged in unskilled labor that requires six to 24 months of training or experience. To qualify under this category, you must meet the following criteria:
• Possess the ability to perform unskilled labor that requires less than two years of training and experience.
• A job offer from a U.S. employer who can prove that there are no qualified U.S. workers for it.
• The offered job should not be seasonal or temporary.
The annual allocation for EB-3C Visas stands at 10,000. Since this employment-based immigrant Visa category allows foreign workers to obtain a Green Card, substantial demand for this category has been observed in recent years.
H-2A Visa Category
The H-2A Visa is a temporary nonimmigrant Visa that allows U.S. employers to bring in foreign individuals to fill seasonal agricultural jobs. For foreign nationals to be qualified under this category, the employer must:
• Have a temporary or seasonal job offer.
• Prove there are not enough U.S. workers available, qualified, and willing to do temporary agricultural jobs.
• Prove that workers under this Visa category do not negatively impact the working conditions of U.S. workers.
• Present a temporary labor certification from the U.S. Department of Labor (DOL) and the H-2A petition.
Essentially, the H-2A Visa connects foreign agricultural workers with employment opportunities in the U.S. agrarian sector. One of its key provisions is the concept of continual care of workers by their employers. This means that employers must provide housing and transportation for their H-2A workers and ensure that they are paid the prevailing wage for their work.
Demonstrating continual care is essential if you want to transition from H-2A Visa status to obtaining a Green Card. It shows that your employer has provided consistent employment opportunities and has not abruptly terminated the employment relationship. In some cases, sheepherders can use this work experience to qualify for the EB-3 Visa category for skilled workers.
A Lawyer For Green Card Guides You Through H-2A Visa
Since H-2A doesn’t offer a direct pathway to permanent residency, sheepherders must find a U.S. employer willing to support their application for a Green Card.
One of the most common pathways is through employment-based immigration programs such as the EB-3 Visa. You have to find an American employer who will offer a permanent or full-time job and is willing to file a sponsorship on your behalf. If you succeed in finding an employer, you will undergo the same process to get a Green Card as EB-3 Visa holders.
Obtaining A Green Card Through EB-3C Visa
To obtain a Green Card as a sheepherder through an EB-3C Visa, you have to undergo these steps:
Find A U.S. Employer
To initiate the process of becoming a lawful permanent resident in the United States, you must find a U.S. employer. This employer must be willing to sponsor your employment-based immigrant Visa.
Get PERM Labor Certification
It is your employer’s responsibility to obtain a labor certification from the DOL through Form ETA-9089, Application for Permanent Employment Certification. This also marks the beginning of the Program Electronic Review Management (PERM) process. Your employer must undergo it to demonstrate that no U.S. workers are available, qualified, or willing to work for the job and the employer has followed labor laws.
File The Immigrant Petition
Once your employer obtains a labor certification, they can now file for Form I-140 or Immigrant Petition for Alien Worker on your behalf. This important form is submitted to the United States Citizenship and Immigration Services (USCIS).
During this step, they must demonstrate their financial capacity to pay the offered wage. The employer must also provide USCIS with information about the nature of the job and your skills and qualifications.
Wait For Visa Availability
After submitting the petition, USCIS will provide a priority date based on the date of filing. It is used to determine when you can start filing for adjustment of status or undergo consular processing. The priority date holds significant importance in monitoring Visa availability, and it can fluctuate based on the demand for Visas within the EB-3 category.
Take Adjustment Of Status Or Consular Processing
Once your priority date becomes current, you can start your Green Card application, depending on where you currently are. If you are already in the United States, you can now file for Form I-485 or Adjustment of Status to USCIS. If you are outside the country, you have to undergo consular processing at a U.S. consulate or embassy in your country.
You must submit the required documents and evidence for background checks during this step.
Stand By For Approval
You can only wait after applying for status adjustment or undergoing consular processing. If there are no problems with the application, USCIS will process your Green Card and grant you a lawful permanent resident status.
It’s important to note that the EB-3C Visa process can be intricate, and supporting requirements may vary depending on individual cases and immigration policies.
Being a lawful permanent resident in the United States through an employment-based immigrant Visa is a conscious effort between you and your employer. You should work closely together and seek guidance from a skilled immigration attorney to navigate the process effectively.
Seek Guidance From Lozano Law Firm
A lawyer focusing on Green Card applications can help sheepherders skillfully traverse the immigration pasture. Just like a shepherd guides their flock through the sweeping countryside, Lozano Law Firm helps sheepherders through the complexities of immigration law.
Our lawyer for Green Card acts as a dependable guide through the maze of paperwork and legal requirements. We ensure every aspect is covered in the application, like a shepherd accounting for each sheep in the flock.
Our skilled lawyer can also help tailor your application to highlight your unique qualifications and experiences, making your case stand out amongst the rest. We provide reassurance and support and help to navigate any obstacles that may arise on the path to obtaining a permanent residency. With our assistance, you can feel empowered and reassured as you move forward in achieving your dreams as a Green Card holder.
Summary
The agriculture industry is an important part of the U.S. economy. However, with the number of local workers dwindling over the years, foreign workers are encouraged to apply and fill in agricultural jobs. Visa options, such as EB-3C and H-2A for sheepherders, pave the way for agricultural laborers to work in the United States. They have become stepping stones for foreign workers to become permanent residents.
However, sheepherders need to undergo different processes to achieve their American dream. To increase the chances of success, getting a lawyer for Green Card is the way to go. Partnering with an established legal partner such as Lozano Law Firm is the first step in pursuing your dreams of a better life in the United States.