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Employers can have their employees apply for their visa’s online.
OUR PRACTICE AREAS:
Employment-Based Visas ("Green Card")
Description
There are 3 major classifications of employment-based visas. These are the EB-1, EB-2, and EB-3 classifications.
EB-1: Priority Workers
EB-1 workers enjoy top priority in the allocation of employment-based visas. In addition, workers who qualify for this classification are not required to go through the Labor Certification stage of processing.
There are 3 ways of qualifying for the EB-1 classification:
Multinational Managers or Executives:
The worker must have served the company or its qualified affiliates abroad for at least one year during the last three years in a "managerial" or "executive" capacity. In addition, the permanent position offered to this individual must also meet the requirements for a "managerial" or "executive" position.
Aliens with Extraordinary Ability:
Workers with "extraordinary ability" in the sciences, arts, education, business and athletics. Extraordinary ability means "a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field of endeavor." Workers may petition for themselves independent of an employer.
Outstanding Professors or Researchers:
Outstanding professors and researchers must be recognized internationally for their outstanding academic achievements in a particular field in order to qualify in the EB-1 classification. In addition, the applicant must have at least three years experience in teaching or research in their area of expertise and be tenured or on a tenure track at an institution of higher education. If the employer is a private company rather than a university or educational institution, the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
EB-2: Advanced Degree Professional and Skilled Workers
Unlike EB-1 workers, EB-2 applicants must usually first complete Labor Certification prior to applying for the green card.
There are 2 ways of qualifying for the EB-2 classification:
Professionals holding advanced degrees:
The position must require a U.S. advanced degree (Master's or higher) or foreign equivalent, or a U.S. bachelor's degree or foreign equivalent plus at least five years of progressively responsible experience in the profession.
Persons of exceptional ability:
Workers with exceptional ability in the sciences, arts or business, who will prospectively and substantially benefit the national economy, cultural or educational interests, or welfare of the U.S who have been offered a position with a U.S. employer.
EB-3: Professionals
EB-3 applicants must first complete the Labor Certification process prior to applying for the green card. In addition, due to the limited number of visas available in this classification and the high demand for these visas, the worker must currently wait several years to be issued a visa number.
To qualify as an EB-3 worker, the employee must possess a Bachelor's Degree or be considered a skilled or unskilled worker.
Stages in the Permanent Residence Process
Stage 1: PERM/Labor Certification
EB-2 and EB-3 workers must apply for Labor Certification with the U.S. Department of Labor. The completion of the Labor Certification process requires that the employer prove through documentation that there are no qualified U.S. workers available for the position offered to the individual. The employer must complete a recruitment of U.S. workers as part of the Labor Certification process and demonstrate that no qualified, willing and able U.S. workers were available for the position. Once the recruitment is satisfactorily completed, the Labor Certification application is filed with the Department of Labor.
Stage 2: Immigrant Petition for Alien Worker
Once Labor Certification has been approved by the Department of Labor, the employer may file a petition for the worker with USCIS. USCIS will determine whether the worker is eligible for the employment-based classification based on the requirements for the position and the worker's qualifications.
Stage 3: Adjustment of Status or Consular Processing
Upon approval of the petition and the availability of an immigrant visa number, the worker may Adjust Status in the United States or may attend a final interview at a consulate or Embassy abroad. When the Adjustment of Status or consular processing is approved, the worker will be issued a green card.
Description
There are 3 major classifications of employment-based visas. These are the EB-1, EB-2, and EB-3 classifications.
EB-1: Priority Workers
EB-1 workers enjoy top priority in the allocation of employment-based visas. In addition, workers who qualify for this classification are not required to go through the Labor Certification stage of processing.
There are 3 ways of qualifying for the EB-1 classification:
Multinational Managers or Executives:
The worker must have served the company or its qualified affiliates abroad for at least one year during the last three years in a "managerial" or "executive" capacity. In addition, the permanent position offered to this individual must also meet the requirements for a "managerial" or "executive" position.
Aliens with Extraordinary Ability:
Workers with "extraordinary ability" in the sciences, arts, education, business and athletics. Extraordinary ability means "a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field of endeavor." Workers may petition for themselves independent of an employer.
Outstanding Professors or Researchers:
Outstanding professors and researchers must be recognized internationally for their outstanding academic achievements in a particular field in order to qualify in the EB-1 classification. In addition, the applicant must have at least three years experience in teaching or research in their area of expertise and be tenured or on a tenure track at an institution of higher education. If the employer is a private company rather than a university or educational institution, the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
EB-2: Advanced Degree Professional and Skilled Workers
Unlike EB-1 workers, EB-2 applicants must usually first complete Labor Certification prior to applying for the green card.
There are 2 ways of qualifying for the EB-2 classification:
Professionals holding advanced degrees:
The position must require a U.S. advanced degree (Master's or higher) or foreign equivalent, or a U.S. bachelor's degree or foreign equivalent plus at least five years of progressively responsible experience in the profession.
Persons of exceptional ability:
Workers with exceptional ability in the sciences, arts or business, who will prospectively and substantially benefit the national economy, cultural or educational interests, or welfare of the U.S who have been offered a position with a U.S. employer.
EB-3: Professionals
EB-3 applicants must first complete the Labor Certification process prior to applying for the green card. In addition, due to the limited number of visas available in this classification and the high demand for these visas, the worker must currently wait several years to be issued a visa number.
To qualify as an EB-3 worker, the employee must possess a Bachelor's Degree or be considered a skilled or unskilled worker.
Stages in the Permanent Residence Process
Stage 1: PERM/Labor Certification
EB-2 and EB-3 workers must apply for Labor Certification with the U.S. Department of Labor. The completion of the Labor Certification process requires that the employer prove through documentation that there are no qualified U.S. workers available for the position offered to the individual. The employer must complete a recruitment of U.S. workers as part of the Labor Certification process and demonstrate that no qualified, willing and able U.S. workers were available for the position. Once the recruitment is satisfactorily completed, the Labor Certification application is filed with the Department of Labor.
Stage 2: Immigrant Petition for Alien Worker
Once Labor Certification has been approved by the Department of Labor, the employer may file a petition for the worker with USCIS. USCIS will determine whether the worker is eligible for the employment-based classification based on the requirements for the position and the worker's qualifications.
Stage 3: Adjustment of Status or Consular Processing
Upon approval of the petition and the availability of an immigrant visa number, the worker may Adjust Status in the United States or may attend a final interview at a consulate or Embassy abroad. When the Adjustment of Status or consular processing is approved, the worker will be issued a green card.
