(408) 255-1588 contact@jessieho.com

Employment-Based Immigrant Visas

We work with you to develop and implement a successful and cost-effective green card process tailored to your company’s needs. 

EB-1A, EB-1B, EB-1C, EB-2 NIW – No PERM Application Required

We always explore permanent residence options that do not require a labor market test.

We will work with you to determine whether you or your employees are eligible for a green card based on extraordinary ability, outstanding research, or work that is in the U.S. national interest.

A transferred multinational manager or executive is also often eligible for permanent residence without a labor market test, and we regularly work with clients to achieve this goal.

The Lawful Permanent Resident Process

The lawful permanent resident process involves two or three steps, depending on the employment-based immigrant visa classification sought.

However, in general, most petitioners (typically employers) must file an Application for Permanent Employment Certification (ETA Form 9089), commonly known as labor certification, or PERM application with the Department of Labor (DOL).

An approved permanent labor certification application demonstrates that:

  • The petitioner tested the labor market in the geographic area where the permanent job offer is located to establish that there are no able, qualified, and available U.S. workers who are willing to accept the permanent job offer; and
  • The beneficiary’s employment will not adversely affect similarly employed U.S. workers’ wages and working conditions.

After certification from DOL, the petitioner submits the certified labor certification with an immigrant visa (I-140) petition to USCIS.

After the immigrant petition is approved by USCIS, the beneficiary will either file an adjustment application with USCIS (if you are in the United States) or an immigrant visa application with the Department of State (DOS) (if you are outside the United States or not pursuing adjustment of status).

An approved immigrant visa petition secures your priority date that will determine the order of immigrant visa availability.

Once an immigrant visa is available, you may file an adjustment application or request a visa through a consulate.

If an immigrant visa is immediately available when you or your sponsoring employer files the petition with USCIS, you may file your adjustment application simultaneously.

You are eligible to apply for work authorization concurrently with your adjustment application and travel document (advance parole) while your adjustment application is pending.

The availability of an immigrant visa will depend on the employment-based classification being sought and your country of birth.

Generally, EB-1 immigrant visas tend to be immediately available to any qualifying applicant, regardless of country of origin.

For EB-2 and EB-3 immigrant visas, however, there is typically a queue for nationals of China and India.

PERM

All applicants applying for a green card under EB-2 and EB-3 categories cases begin with the complex labor certification process.

Program Electronic Review Management, also known as PERM, is the system for obtaining a Labor Certification.

The Labor Certification confirms that:

  1. There is no US American available, qualified, and willing to fill the offered position at the prevailing wage.
  2. Hiring you will not negatively affect the wages and working conditions of similarly employed US workers.

Steps for PERM Labor Certification

  1. Request Prevailing Wage Determination (PWD) from the Department of Labor: This determines how much people in that job are being paid.
  2. Recruiting and advertising of the position: Based on regulations, the employer must announce and offer the position to potential employees in the United States before granting the job to a foreign laborer.
  3. File PERM Labor Certification: After all criteria have been met and no willing Americans have taken the job, the application can be submitted to the Department of Labor.
  4. Employer secures a labor certification from the U.S. Department of Labor
  5. The employer petitions U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.
  6. The foreign national applies for an immigrant via Adjustment of Status or consular processing.

Employment-Based Immigrant Visa Categories

Category Required education, experience, or skills

Job offer Required

Labor certification required?

EB-1A

Employment-Based First Preference – Extraordinary ability

Sustained national or international acclaim in a specific field. No job offer or labor certification required, but individuals must show how they will work in their area of extraordinary ability in the United States.

EB-1B

Employment-Based First Preference – Outstanding professors and researchers

International recognition as outstanding in a specific academic area.

Job offer required.

No labor certification required.

EB-1C

Employment-Based First Preference – Multinational executives and managers

One year of employment abroad with a parent, branch, affiliate, or subsidiary of the U.S. petitioning company in a primarily managerial or executive capacity.

Job offer must be for primarily managerial or executive employment with a qualifying U.S. employer that has been doing business for at least one year.

No labor certification required.

EB-2 (without national interest waiver)

Employment-Based Second Preference – Exceptional ability or advanced degree professional

Exceptional ability: a level of expertise significantly above that ordinarily encountered.

Advanced degree professional:  the job requires, and you possess, a degree above a bachelor’s (or a bachelor’s followed by at least five years of progressive experience).

Job offer required.

Labor certification required.

EB-2 with National Interest Waiver (NIW)

Employment-Based Second Preference – Exceptional ability or advanced degree professional with national interest waiver of a job offer and, thus, the labor certification

Exceptional ability or advanced degree as described above plus:

The proposed endeavor has both substantial merit and national importance.

You are well positioned to advance the proposed endeavor.

On balance, it would benefit the United States to waive the requirements of a job offer and thus the labor certification.

No job offer required.

No labor certification required.

EB-3

Employment-Based Third Preference – Skilled workers, professionals, or other workers

Skilled worker: the job requires, and you possess, a minimum of 2 years’ training or experience.

Professional:  the job requires, and you possess, at least a U.S. bachelor’s degree (or a foreign equivalent degree).

Other worker: you are capable of performing a job requiring less than 2 years’ training or experience.

Job offer required.

Labor certification generally required.

Useful Links

 

Can I change jobs after PERM is approved?

A: Your PERM is for a distinct position for a specific employer in a particular geographic location.  If you’re changing jobs and employers before or after I-140 approval, you need a new PERM.

Can I travel while PERM is pending?

A: A pending PERM does not have an impact on your plans to travel abroad unless you are intending to apply for a visa at the U.S. consulate and such a visa does not allow for dual intent.

Employment-based green card issued annually

Q: How many employment-based green cards are issued each year?

A: There are 140,000 green cards annually for immigrants in five employment-based categories.

Labor Certification

Q: What is the Labor Certification?

A: The Labor Certification, also known as “PERM,” is a required step for some employment-based permanent residence categories. The purpose is to test the market to see if there is a qualified, available, and willing U.S. worker for the position being offered to the nonimmigrant according to permanent residency. Certification of the PERM does not constitute authorization to stay or work in the U.S.

Processing time for employment-based immigration

Q: How long does employment-based immigration take?

A: It takes about six months to process your Form I-140. If you go through PERM Labor Certification, it can take up to 15 months to 2 years. You can expedite your Form I-140 processing through premium processing.

What is the I-140?

Q: What is the I-140?

A: The I-140, Immigrant Petition for Alien Worker, is the first or second step of the employment-based permanent residency process. The purpose is to show that the job has been certified by the Department of Labor; the employer’s job offer still stands; the employer can pay the worker the required wage, and the worker meets the qualifying criteria. However, approval of the I-140 does not constitute authorization to stay or work in the U.S.

CONTACT DETAILS

ADDRESS

10268 Bandley Drive, Suite 101, Cupertino, CA 95014

PHONE

+1 408 255 1588

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