EMPLOYMENT BASED IMMIGRANT VISAS
Most employment based immigrant petitions will require an approved “Labor Certification” through the U.S. Department of Labor prior to the filing of an Immigrant Petition. This process is also referred to as the “PERM” process, based upon revisions which were made several years ago to the DOL processing procedures. Labor Certification tests the labor market to determine whether there are any able, willing, qualified, and available U.S. workers to accept the job at the prevailing wage for that occupation in the area of intended employment and that the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. We will assist the sponsoring company throughout all stages of the Labor Certification (PERM) process, including defining the job description and the required qualification, the required recruitment steps including mandatory advertising and job postings, and resume review.
Individuals seeking to obtain US Legal Permanent Resident Status through an offer of employment in the United States must file an Immigrant Visa Petition (Form I-140). The particular requirements and visa availability for an employment based immigrant visa are dependent upon the specific preference category which governs the alien’s offered position of employment and qualifications. USCIS publishes a monthly Visa Bulletin containing priority date information on visa availability for these employment based immigrant visa preference categories, which are as follows:
EB1 (Priority Workers - Persons of Extraordinary Ability, Outstanding Professors and Researchers, Multinational Executives and Managers) This preference category is exempt from filing an Application for Labor Certification prior to filing Form I-140. In addition persons of extraordinary ability may self-petition.
EB2 (Members of the Professions Holding Advanced Degree Or Aliens of Exceptional Ability) Individuals of Exceptional Ability are exempt from filing an Application for Labor Certification prior to filing Form I-140. They may also be exempt in certain instances from having a job offer (i.e. may self-petition). Please note that most members of professions holding Advanced Degrees will still have to first obtain an approved Labor Certification.
EB3 (Skilled Workers, Professionals, and Other Workers) This preference category is for individuals having two or more years of work experience in their specialty or for individuals holding a Bachelors degree in their field of specialization. Other workers are individuals with less than two years experience in their field. These priority dates are listed separately from skilled workers and professionals. The majority of employment based immigrant petitions fall under this preference category.
EB4 (Special Immigrants) This preference category is exempt from filing an Application for Labor Certification and is intended for Religious Workers and other special immigrants including: Persons seeking reacquisition of citizenship/and returning residents, US employees abroad or employee of American Institute in Taiwan for 15 years, Panama Canal Treaty employees, certain foreign medical graduates, commuters from border, Retired G-4 officer, court dependents, persons having served honorably for 12 years in Armed Services on active duty, NATO civilian employees, Broadcasters entering the US to work for the BBG, Translators with the US Armed Forces.
EB5 (Investors) Allows for conditional residency for persons who, after November 29, 1990, invest $1,000,000 in a new commercial enterprise that employs 10 United States Citizens or authorized immigrant workers full-time and engage in the business through day-to-day management or policy formation.