Overview of Employment Sponsored U.S. Immigration
U.S. permanent residence (commonly referred to as green card status) through Employment Sponsored U.S. Immigration may be gained through a range of employment-based (EB) immigration options. Many of the EB options require the sponsorship of a U.S. employer. The employer must intend to hire the foreign national on a long-term basis for a position that is not considered temporary. The employer must obtain approval through the U.S. Department of Labor (DOL) and/or the USCIS, depending upon the type of case. In limited EB categories, the foreign national may self-sponsor. In some cases, the U.S. employer can be or must be a company owned in whole or in part by the foreign national.
Many EB cases require three separate stages. In such cases, the first stage is the PERM labor certification (PERM labor) process. The second stage is the filing of an immigrant petition with the USCIS by the employer. The third stage requires the foreign national to apply either for adjustment of status to permanent residence or for consular processing for an immigrant visa, based upon approval of the first two steps.
Requirements of Employment Sponsored U.S. Immigration
There are considerable variations in the requirements within the EB options.
- All cases require the filing of a petition with the USCIS.
- Most cases require a permanent offer of employment from a U.S. employer.
- All cases in the employment-based, third (EB3) and most cases in the employment-based second (EB2) preference categories require employment sponsorship and approval of PERM labor.
- Self-sponsorship, based upon qualifications, is available in EB2 (National Interest Waiver – NIW) and EB1 (extraordinary ability) categories.
- Self-sponsorship via investment is available in the EB5 category.
- No PERM labor is required in EB1 (Extraordinary Ability, Multinational Executive Transferee and Outstanding Professor/Researcher), EB2 (National Interest Waiver), EB4 (Special Immigrant) or EB5 (Investor) cases.
- All EB cases require that the foreign national complete the process with either an adjustment of status (AOS) or consular processing (CP) application.
How We Can Help You with Employment Sponsored U.S. Immigration
IMIGRUS can evaluate potential EB options for U.S. employers who wish to sponsor workers, as well as for foreign nationals. We provide full-scope representation throughout the EB immigration process. Our attorneys can analyze options, develop case strategies, and represent petitioners and applicants throughout the EB immigration process.
IMIGRUS has extensive experience with PERM labor and the related matters of educational equivalencies and employers’ ability to pay. We have a long record of success in the special category, EB1 (extraordinary ability and outstanding professor/researcher) green card cases, and EB2-NIW petitions. We are also experienced and available to represent qualified foreign national EB5 investors and those categorized under EB4, special immigrants, including religious workers.
Permanent Resident Categories of Employment Sponsored U.S. Immigration:
- a person with extraordinary ability in the sciences, art, education, business, or athletics (EB1)
- an outstanding professor or researcher (EB1)
- a multinational executive or manager (EB1)
- a person holding an advanced degree (at least a master’s degree) (EB2)
- a person with bachelor’s degrees (EB2)
- a Person with a position that requires at least 2 years of education, training, or experience (EB3)
- a religious worker
- a large investor (EB5)
Dealing with the U.S. Department of Labor with Employment Sponsored U.S. Immigration
To obtain permanent residence, a Green Card, through an employer-sponsored petition, your employer will usually have to take steps to show that no US citizens qualify and are available to take the job they are offering to you. Once this is done, your employer will file a labor certification application with the U.S. Department of Labor to state that there are no qualified U.S. workers who can fill the position that your employer is sponsoring you for. For this reason, it is preferable to qualify under a permanent resident category that does not require this step, with no required filings with the Department of Labor. All first, fourth, and fifth-preference immigrants, as well as some second and third-preference immigrants, are exempt from filing Labor Certification applications or undertaking recruitment before acquiring sponsorship.
If you have questions about obtaining Permanent Residence (a green card) through your employer, do not hesitate to call (786) 361-2355 or contact us online we are happy to help.
Employment Sponsored U.S. Immigration Permanent Resident Preference Categories:
The first preference (EB1) immigrant category is most desirable because it can be processed quickly. There are three groups: A) persons with extraordinary abilities in the sciences, art, education, business, or athletics; B) outstanding professors and researchers; and, C) multinational executives or managers.
A) Persons of extraordinary ability (similar to the requirements for the O visa) in the sciences, art, education, business or athletics, do not require job offers and can process quickly. This category is available to that small percentage of applicants who have risen to the top of their field. The top of their field is a very complex qualification and needs to be analyzed carefully on a case-by-case basis.
B) More generous standards are available for outstanding professors and researchers with three years of teaching or research experience. A job offer for a permanent position from a U.S. research or teaching institution is required. Since no certification is required from the Department of Labor, these cases can be processed quickly.
C) Managers and Executives of companies with United States affiliates are eligible to obtain permanent residence under the first preference category if their services are required permanently by the United States company. They must have been employed by the overseas affiliate company for at least one of the three years immediately preceding their transfer to the United States, in a managerial or executive capacity. The United States company must also have been in existence for at least one year.
The second preference (EB2) visa category is for professionals holding an advanced degree (at least a Master’s degree) or a Bachelor’s degree plus 5 years of progressively senior work experience. Also, the job must require such qualifications. It is possible for individuals with exceptional abilities in the sciences, arts, or business to qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the “national interest”, a very difficult qualification to prove.
The third preference (EB3) immigrant visa category usually requires a labor certification except for registered nurses and physical therapists. It is divided into three separate categories: A) one for professionals with Bachelor’s degrees; B) another for individuals performing a job that requires at least two years of education, experience or training; and C) one for other workers, including individuals performing jobs which require less than two years of education, training or experience. Persons in this last category are only eligible to compete for 10,000 visas. This has resulted in long waiting periods. However, there is no waiting line for most other employment third preference immigrants but labor certifications routinely take over two years to process.
The fourth preference (EB4) category includes the religious workers category. These “special immigrants” have a 10,000 annual visa limit. Ordained ministers, as well as other religious workers whose services are required by non-profit religious, or other qualifying, organizations can benefit. This includes ministers, religious professionals, and a broad range of religious workers. These two last groups will only be eligible until October 1, 2000. This is a very specialized area and our office should be contacted to determine if you qualify under this preference.
The fifth preference (EB5) category is for investment-based residency. This category is discussed in detail HERE.
If you have questions about obtaining Permanent Residence (green card) through Employment Sponsored U.S. Immigration rules, do not hesitate to call (786) 361-2355 or contact us online