We advise clients on EB-1 through EB-5 US visas. Our strength lies in evaluating the eligibility of our clients and using evidence based process to highlight their strength in areas of science, technology, business and entrepreneurship to get the desired results. For pre-qualified candidates, we give a conditional guarantee for return of portion of their prepaid attorney fees.

First Preference EB-1

Extraordinary Ability, Outstanding Researcher, & Multinational Executive

Second Preference EB-2

Advanced Degree, Exceptional Ability, & National Interest Waiver

Third Preference EB-3

Skilled Worker Professional or Unskilled Workers

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

• “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
• “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Eligibility Criteria

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.  See the “Department of State: Visa Bulletin” page.
U.S. Department of Labor – Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information, see the “Department of Labor: Foreign Labor Certification” page.
Application Process

Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
For more information on filing fees, see the “File My Application Online” link to the right.
Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).  Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

Fourth Preference EB-4

Religious Workers and Special Healthcare Professionals

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

• Religious Workers
• Physicians

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self-petition and what required supporting evidence needs to be included.

Family of EB-4 Visa Holders

Your spouse may also be admitted to the United States. Your children, unmarried under the age of 21, may be admitted to the United States.

Fifth Preference EB-5
Immigrant Investor Process

Application Process

• File Form I-526, Petition by Alien Entrepreneur
• Upon approval of Form I-526 petition, either:
• File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
• File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for admission to the United States.

Upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted conditional permanent residence for a two-year period

Form I-526 Petition for an Alien Entrepreneur

Form I-829 Petition by Entrepreneur to Remove Conditions

You must submit Form I-829 within the 90-day period immediately before the second year anniversary of your admission to the U.S. as a conditional permanent resident.

Dependents

Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period.  If your I-829 petition to remove conditions is approved, the conditions will be removed from your spouse and children’s Green Card status.  As a lawful permanent residents (Green Card holders) your spouse and children will be authorized to work or attend school in the U.S.

PERM (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 a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The PERM process qualifying criteria are:

• There must be a bona fide, full-time permanent job opening available to U.S. workers.
• Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker’s qualifications. In addition, the employer shall document that the job opportunity is described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
• The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

The usual steps of filing are as follows:

• Application. The employer must complete an Application for Permanent Employment Certification, ETA Form 9089. A completed application will describe in detail the job duties, educational requirements, training, experience, and other special skills the employee must possess to perform the work, and outline the foreign worker’s qualifications.
• Signature requirement. Applications submitted by mail must contain the original signature of the employer, foreign worker, and preparer, if applicable, when they are received by the NPC. Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, foreign worker, and preparer, if applicable, in order to be valid.
• Prevailing wage. Prior to filing ETA Form 9089, the employer must request and obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC). The employer is required to include on the ETA Form 9089 the NPWC provided information: the prevailing wage, the prevailing wage tracking number, the SOC (O*NET /OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.
• Pre-Filing Recruitment Steps. All employers filing the ETA Form 9089 (except for those applications involving Schedule A occupations and sheepherders filed under 20 CFR §656.16) must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application.
• When filing under 20 CFR §656.17, the employer must recruit using the standards for professional occupations set forth in 20 CFR §656.17(e)(1) if the occupation involved is on the list of occupations published in Appendix A to the preamble of the final PERM regulation. The occupations listed have been deemed to be professional occupations, as they normally require a bachelor’s or higher degree. For all other occupations not normally requiring a bachelor’s or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at 20 CFR §656.17(e)(2). Employers are not prohibited from conducting more recruitment than is required by the regulations.
• The employer must prepare a recruitment report in which it categorizes the lawful job-related reasons for rejection of U.S. applicants and provides the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity, however, if requested by the Certifying Officer, the employer must submit the resumes.
• Audits/requests for information. Supporting documentation may not be filed with the ETA Form 9089, but the employer must provide the required supporting documentation if the employer’s application is selected for audit or if the Certifying Officer otherwise requests it.
• Retention of records. The employer is required to retain copies of applications for permanent employment certification and all supporting documentation for five years from the date of filing the ETA Form 9089. For example, the NPWC prevailing wage determination documentation is not submitted with the application, but it must be retained for a period of five years from the date of filing the application by the employer.

Web based Resources

• Immigration Laws and Regulations, USCIS Website
• Foreign Affairs Manual (FAM) Regulations
  
• Nonimmigrant Classifications and Types of Visas
  
• Immigrant Classifications and Types of Visas