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Employment Immigration / Work Visa

Employment Immigration / Work Visa

EB1 Priority Workers 

Priority Workers consist of persons of extraordinary ability  in the sciences, arts, education, business , or athletics ; outstanding professors and researchers; and certain multinational executives and managers .

EB2 Exceptional Ability

EB2 includes professionals holding advanced degrees or persons of exceptional ability in the sciences, arts, or business. Unless waived by the Attorney General, the EB2 candidate must have a job offer and the employer must obtain certification from the US Department of Labor that there are insufficient qualified and available US workers for the job offer.

EB3 Labor Certification

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

To improve the operations of the permanent labor certification program, ETA published a final regulation on December 27, 2004, which required the implementation of a new re-engineered permanent labor certification program by March 28, 2005. This new electronic program has improved services to our various stakeholders.

As of March 28, 2005, ETA Form 750 applications were no longer accepted under the regulation in effect prior to March 28, 2005, and instead new ETA Form 9089 applications had to be filed under PERM at the appropriate National Processing Center. Applications filed under the regulation in effect prior to March 28, 2005, have continued to be processed at the appropriate Backlog Elimination Center under the rule in effect at the time of filing. Only if an employer chose to withdraw an earlier application and refile the application for the identical job opportunity under the refile provisions of PERM was a previously filed ETA Form 750 application filing date considered under the PERM regulation.

The DOL processes Applications for Permanent Employment Certification, ETA Form 9089. The date the labor certification application is filed is known as the filing date and is used by USCIS and the Department of State as the priority date. After the labor certification application is approved by the DOL, it should be submitted to the USCIS service center with a From I-140, Immigrant Petition for Alien Worker. You may access the State Department Visa Bulletin to learn which priority dates are currently being processed.

EB4 Religious Workers & Former Employees of US Government

EB4 is comprised of religious workers and former employees of the US government and international organizations.

EB5 Investment Immigration

This category is comprised of investors who will create at least 10 US jobs by investing in a new commercial enterprise benefiting the US economy. The minimum required investment is $1 million, though it may be as little as $500,000 if the investment is in a rural area, or an area of high unemployment. To avoid fraud, investors are accorded only conditional permanent residence status for two years, after which a review of the investment will be undertaken.




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