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We represent clients, both employers and prospective employees, applying for permanent residence status through their employment. There are several categories of persons who qualify for employment-based applications. Some of the categories require a labor certification application be filed with the Department of Labor before filing the application with the CIS.
EB1: Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a
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specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the CIS, rather than through an employer.Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the CIS.Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the CIS.
EB2: Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business All Second Preference applicants must have a labor certification approved by the Department of Labor, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Applicants may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the applicant may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:(1) Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate
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degree and at least five years progressive experience in the profession; and(2) Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
EB3: Skilled Workers, Professionals Holding Baccalaureate Degrees and Other WorkersAll Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:(1) Skilled workers are persons capable of performing a job requiring at least two years of training or experience;(2) Professionals with a baccalaureate degree are members of a profession with at least a university bachelor’s degree; and(3) Other workers are those persons capable of filling positions requiring less than two years’ training or experience.
EB4: Special ImmigrantsApplicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government. There are six subgroups:(1) Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;(2) Certain overseas employees of the U.S. Government;(3) Former employees of the Panama Canal Company;(4) Retired employees of international organizations;(5) Certain dependents of
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international organization employees; and(6) Certain members of the U.S. Armed Forces.
EB5:Employment Creation Investors Applicants must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.Labor Certification Applications For those categories that require an approved labor certification application, the prospective employer must go through a recruitment process and prove to the Department of Labor that no U.S. workers were qualified for and willing to accept the job offered.
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Contact Us Nelson | Smith, LLP 208 SW 1st Ave #360 Portland, OR 97204 Phone: (503) 224-8600 Email:
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