Employment Based Immigration Options
Employment First Preference (EB-1): Priority WorkersThere are three subcategories under EB-1. They are:
Priority workers do not require Labor Certification. Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional AbilityThese are second preference applicants who require the labor certification to file petition for immigration. They can be classified into the following categories:
|
Employment Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)These are third preference applicants who require the labor certification to file petition for immigration. They can be classified into the following categories:
|
Employment Fourth Preference (EB-4): Certain Special ImmigrantsThese are fourth preference employment based visas which do not require the labor certification and job offer to enter U.S. and are for a special category of immigrants. They are:
Employment Fifth Preference (EB-5): Immigrant Investor ProgramUnder the fifth preference employment based visa program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive. Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth. |
PERM LABOR
The Program Electronic Management Review System (PERM) labor certification is the first stage in most employment-based, permanent residency (green card) cases. A PERM labor certification must be filed with the U.S. Department of Labor (DOL) for both employment-based, second (EB-2) and third preference (EB-3) cases. There are exceptions to this requirement in EB-2 national interest waiver and Schedule A, pre-certified cases for nurses and physical therapists. The purpose of PERM labor is to protect the U.S. labor market. The PERM system has been in place since March 28, 2005.
REQUIREMENTS
REQUIREMENTS
- Position must be offered at or above the DOL prevailing wage, which is determined for the proffered position by the DOL as part of the required steps in a PERM case.
- As the purpose of PERM labor is to protect the U.S. workforce, the local labor market is first tested for availability of qualified and willing U.S. workers.
- The labor market test involves engaging in efforts to locate U.S. workers through advertisement and other specified recruitment efforts.
- Employer's attest to compliance with recruitment and other requirements rather than submitting proof with the PERM filing.
- The DOL may audit the employer's documentation to verify compliance. Employers must create and maintain an audit file with evidence of recruitment and other supporting documents.
National Interest Waiver (NIW)
lA National Interest Waiver (NIW) petition falls into the employment-based immigration, second preference (EB-2) category (Also known as EB-2 NIW). Normally, a permanent job offer and an approved labor certification are pre-requisites to file an employment-based, second preference immigration petition. However, a National Interest Waiver (NIW) petition requests that the labor certification requirement be waived for the sake of the “national interest of the United States;” thus, allowing an applicant to apply for an NIW immigration petition without a labor certification or a job offer from a U.S. employer.
|
What are my options?Although researching your options and finding the right kind of immigration help can be difficult, it doesn't have to be. At Heller Immigration Law Group, we are skilled in preparing petitions encompassing a wide variety of industries and occupations. We take particular pride in our track record, assisting companies and individuals throughout the Silicon Valley and Greater San Francisco Bay Areas. Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities. Just tell us about your case, and let us do the work for you!
|