Employment based permanent residence
Permanent residence, also known as the 'green card' never expires. After holding a green card for five years, a person may apply for US citizenship.
Approximately 140,000 immigrant visas are available each fiscal year for foreign workers (and their spouses and children) who seek to immigrate based on their job skills. There are 5 different employment-based immigrant visa 'preferences' or categories.
The most common Employment based permanent residence options are visa categories EB-2 and EB-3. These generally require the employer to obtain a Labor Certification from the Department of Labor. The process for obtaining lawful permanent residence based on employment in this case is composed of three phases: the labor certification, the immigrant visa petition, and the application for permanent residence.
What is a Labor Certification?
The labor certification verifies the following:
There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
The labor certification is valid only as long as three things remain unchanged: the foreign worker continues to work (1) for the same employer; (2) at the same location; and (3) doing the same job.
Upon receiving an approved labor certification from The Department of Labor, we prepare the immigrant visa petition, which will be signed by the employer and submitted to U.S. Citizenship and Immigration Services along with the approved labor certification. This may be filed concurrently with an Adjustment of Status if a visa is available based on the employee’s country of birth.
What are the 5 preference categories for employment-based permanent residence?
FIRST PREFERENCE (EB-1): PRIORITY WORKER AND PERSON OF EXTRAORDINARY ABILITY
The EB-1 category is available in the employment-based context for certain multinational manager or executives. The employer must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed the candidate abroad in a managerial or executive capacity. No labor certification is required.
There are 3 groups to this category:
Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
Outstanding professors and researchers with at least 3 years of experience in teaching or research.
Multinational manager or executives who have been employed for at least 1 of the 3 preceding years by the U.S. employer.
SECOND PREFERENCE (EB-2): PROFESSIONALS HOLDING ADVANCED DEGREES AND PERSONS OF EXCEPTIONAL ABILITY
A candidate may be eligible for an employment-based, second preference visa if he is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Read more. An additional EB-2 category, known as the National Interest Waiver requires a showing that
· The proposed endeavor has both substantial merit and national importance.
· You are well positioned to advance the proposed endeavor.
· It would be beneficial to the United States to waive the requirements of a job offer, and thus, the labor certification.
No labor certification is required. Read more.
THIRD PREFERENCE (EB3): SKILLED WORKERS, PROFESSIONALS, AND UNSKILLED WORKERS (OTHER WORKERS)
This category receives 28% of the yearly worldwide limit of employment-based immigrant visas. A candidate may be eligible for an employment-based, third preference category if he is a professional worker.
“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
FOURTH PREFERENCE (EB4): CERTAIN SPECIAL IMMIGRANTS
This category receives 7% of the yearly worldwide limit of employment-based immigrant visas.
FIFTH PREFERENCE (EB5): IMMIGRANT INVESTORS
Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.
Contact An Employment Immigration Lawyer In San Francisco
We help people all around the world, but being in San Francisco has given us the deep experience that the Bay Area uniquely offers. Silicon Valley has long been the hub of technology with lots of start ups and foreign investors. Contact Rebecca to talk about your need for an Employment based green card.