The firm is well recognized as the “Go-To Law Firm” for handing complex, previously denied, and time-sensitive petitions and applications in connection with employment based green card processes.
Knowing that the green process can be long and arduous, we are committed to using our best efforts to achieve every client’s objectives. We provide a candid assessment of the strengths and weaknesses of your case, identify all potential issues, and then offer creative solutions. Every step is carefully planned with the utmost care and extreme attention to detail. Our exceptional approach has been well received by our growing list of employers and individual clients across the United States.
Employment Based (EB) Preference Categories
If you have the right combination of skills, education, and/or experience, you may be eligible for Green Card through either employer’s sponsorship or self-petition. Each year, about 140,000 immigrant visas are available for aliens (and their spouses and children) who seek to immigrate based on their job skills. There are five employment-based immigrant visa preferences (categories) which are outlined below.
|EB-1 Preference Category||(1) Persons of extraordinary ability in the sciences, arts, education, business, or athletics. (2) Outstanding professors or researchers. (3) multinational executives and managers|
|EB-2 Preference Category||(1) Persons who are members of the professions holding advanced degrees. (2) Persons with exceptional ability in the arts, sciences, or business whose employment in the United states would greatly benefit the nation. Also commonly referred to as filing a national interest waiver (NIW)|
|EB-3 Preference Category||Professionals, skilled workers, and other workers (unskilled).|
|EB-4 Preference Category||“Special immigrants”, including certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and other classes of aliens.|
|EB-5 Preference Category||Investors who invest $1 million or $500,000 (if the investment if made in an targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. [link to EB-5 microsite]|
Labor Certification – PERM
Among the above preference categories, only aliens seeking EB-2 (non-NIW) and EB-3 may require employer to obtain permanent labor certification from the Department of Labor (DOL) before immigration petition and application can be filed with USCIS. Persons in EB-1, EB-2 (NIW), EB-4, and EB-5 can self-petition and therefore bypass the labor certification requirement.
The purpose of obtaining certified labor certification from DOL is to get DOL’s determination 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. This finding is crucial for the green card process to move forward.
Application for Permanent Employment Certification, ETA Form 9089, is field electronically via the Permanent Labor Certification Program (PERM). The entire Labor Certification or PERM process is highly complex and requires careful case planning and insightful guidance.
Please contact us as early as possible when conceptualizing your plans and goals so that we may identify the visa or immigration pathways that are most appropriate for your circumstances and plans.