Employment

There are three major categories for Employment Based Immigrant Visas (with several subcategories)

There are limits on the number of visas that may be issued in each category each year. Each month the State Department publishes a Visa Bulletin, which states whether visas are available (current) in each respective family and employment- based category. You can determine whether a visa is available for you based on your priority date.

Application Process:

There are three step to the Immigrant Visa (Permanent Residence) application process:

First the employer must file an Application for Permanent Employment Certification (ETA Form 9089) with the Department of Labor (DOL). This application is submitted electronically through the DOL PERM System. The purpose is ensure that there are no available US workers who are qualified to fill the position and that the employer is not offering wages or working conditions to the alien that adversely affect the wages and working conditions of US workers. Prior to filing the ETA-9089 application the employer must file for a prevailing wage determination with the Department of Labor, advertise the position in a variety of media to determine if there are qualified workers who are available to fill the position and post a Notice of Filing internally. If at the end of the designated recruitment period the employer determines that there are no qualified U.S. workers who applied for the position, the ETA-9089 application will be filed. If the Department of Labor is satisfied that there are no available US workers to fill the position and that the employer is not offering wages at below the prevailing wage for the profession, then the ETA-9089 application will be certified. NOTE- Several Immigrant Visa categories do not require a certified ETA-9089 labor certification such as those applying under the EB-1 category, those positions which have been pre-certified by the DOL (Schedule A) and those applying for a national interest waiver.

Second, the employer must file an Immigrant Petition (I-140 petition) with the USCIS. The purpose of this petition is to prove that the alien is qualified for the position pursuant to the rules for the specific Immigrant Visa Category under which the petition is filed. The employer must also prove that the employer has the ability to pay the preferred wage.

Third, upon approval of the Immigrant Petition the alien will either file for adjustment of status in the United States (Form I-485) or file for an Immigrant Visa via consular processing abroad. For more information on this process, click on the appropriate link.

EB-1 Category

• Aliens of Extraordinary Ability in the sciences, arts, education, business or athletics. The alien must prove that he/she has achieved sustained national and/or international acclaim in the respective field and must have documentation to demonstrate this acclaim. You must further prove that the alien's talents will prospectively benefit the United States. This category is for those small percentages who have risen to the very top of their field of endeavor. This category does not require the filing of a petition for alien labor certification. The priority date is established on the date the petition is filed with INS.

  Documentary Requirements:

  The following is a sample of the documentation necessary to prove that the alien is of one of extraordinary ability. You do not have to have all of the documents on this list. It is suggested that you have evidence from at least three categories. The INS will evaluate both the quantity and quality of the evidence submitted. Of course, any other relevant documentation that demonstrates the alien's extraordinary ability can also be submitted.

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • Published material about the alien in professional or trade publications or other major media
  • Evidence that the alien has judged the work of others, either individually or on a panel
  • Evidence of the alien's original, scientific, scholarly, artistic, athletic, or business related contributions of major significance to the field
  • Evidence that the alien's work has been displayed at artistic exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of commercial successes in the performing arts

• Executives and Managers of foreign companies who are being transferred to the United States to work for an affiliate, subsidiary or parent or branch office of the foreign employer. The alien must have worked for the foreign employer outside the US in an executive or managerial position for at least one year in the past three years and be coming to the US to work for an affiliate, subsidiary, parent or branch of the foreign employer in an executive or managerial position. . This category does not require the filing of a petition for alien labor certification. The priority date is established on the date the petition is filed with INS.

  Documentary Requirements:

  • Letter from foreign employer verifying the dates of the alien's employment, his/her job title, job duties and salary
  • Organizational chart for US and foreign companies showing alien's position in both organizations
  • Copies of Corporate Tax Returns for both Foreign and US Companies.
  • Copies of payroll records from foreign company as evidence alien worked for company for at least one year within the last three years.
  • Evidence of ownership/relationship between US and Foreign Company (Stock certificates, asset purchase agreement, etc);
  • Any promotional material about the US and foreign company
  • Copy of incorporation papers for US Company;
  • Photographs of the US company's business facility.

• Outstanding Professors and Researchers. This category is for professors and researchers who have been recognized internationally as outstanding in their academic field. The individual must have at least three years of teaching or research experience and be offered a tenured or tenure track teaching or comparable research position. In the alternative the alien can qualify if offered a research position that has no fixed term and the alien has the expectation of permanent employment. If the employer is a private employer then the employer must have at least three full time researchers on staff and the employer must have documented accomplishments in the research field. The petition is filed by the employer. A petition for alien labor certification is not required for this category. The priority date is established on the date the petition is filed with INS

  Documentary Requirements:

  • Receipt of major prizes or awards for outstanding achievement;
  • Membership in professional associations that require their members to demonstrate outstanding achievements;
  • Published material in professional publications written by others about the alien's work in the academic field;
  • Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
  • Original scientific or scholarly research contributions in the field.
  • Any promotional material about the US and foreign company
  • Authorship of scholarly books or articles (in scholarly journals with international circulation in the field).
  • Evidence of the alien's original contributions of major significance of the field

EB-2 Category

• Professionals with Advanced Degree. This category requires the filing and certification by the DOL of a Petition for Alien Labor Certification (although in certain cases a national interest waiver can be obtained as explained below). This category is for individuals working in an occupation for which a US academic degree above the bachelor's degree level (or foreign equivalent) is the minimum for performing the job duties. An example is a position that requires a Masters Degree or Ph.D. Degree. The alien must possess both the bachelor degree and the advanced degree. In the alternative the alien will qualify if he/she has a Bachelor Degree plus at least five years of progressive experience in the specialty. The INS does not allow for the evaluation of education and work experience to prove that the alien has the equivalent to Bachelor Degree.

  Documentary Requirements:

  • Petition for Alien Labor Certification certified by Department of Labor
  • Copies of all diplomas
  • Letters from former employers verifying your work experience
  • Copy of petitioning employer's most recent Federal Tax Return or other evidence of ability pay the proffered wage.
  • If current employed by petitioning employer, copies of most recent W-2 form and four recent pay stubs.

• Aliens with Exceptional Ability in the Sciences, Arts or Business. The alien must have a degree of expertise above that normally found in the field. This category normally requires the filing and certification by the DOL of a Petition for Alien Labor Certification (although in certain cases a waiver can be obtained either because the alien qualifies for pre-certification under the DOL's Schedule A or because the alien qualifies for a national interest waiver).

  Documentary Requirements:

  • Petition for Alien Labor Certification certified by Department of Labor
  • Copies of all diplomas
  • Letters from former employers verifying your work experience
  • Copy of petitioning employer's most recent Federal Tax Return or other evidence of ability pay the proffered wage.
  • If current employed by petitioning employer, copies of most recent W-2 form and four recent pay stubs.
  • Any promotional material about the US and foreign company

NIW (National Interest Waiver)

• To apply for a national interest waiver the alien must prove that it is in the national interest of the United States to have the alien in the US working in his/her field of expertise. This waiver is usually applied for individuals performing medical research in the United States although other individuals may also qualify.

  Documentary Requirements for National Interest Waiver:

  The following is a list of the documentation necessary to file for a national interest waiver. It is not necessary to have every item on this list. The attorney will discuss with you in detail which items are most important:

  • Letters from experts in your field including your current employer, previous employers and independent experts in the field discussing your current and past research work in detail. This is the most important part of the application. Our office will provide you with detailed instructions regarding the points, which must be addressed in these letters.
  • Copies of your diplomas
  • Copies of your publications and abstracts
  • Evidence that you have been invited to present your work at conferences or seminars
  • Evidence of membership in professional associations in the field
  • Evidence that you have been invited to act as a reviewer of articles under consideration for publication by peer-reviewed journals
  • Evidence of awards, grants, fellowships, etc
  • Any newspaper articles, which discuss your research work
  • Any evidence that your work has been cited by others in the field as evidence of the impact of your research work

EB-3 Category

• Professionals with a Bachelor's Degree: This category requires the filing and certification by the DOL of a Petition for Alien Labor Certification. This category is for aliens working in a position that requires a minimum of a Bachelor Degree in a specific field of study to perform the job duties and the alien must have a Bachelor Degree in that field. The alien must actually possess the degree or a foreign equivalent. The INS does not allow for the evaluation of education and work experience to prove that the alien has the equivalent to Bachelor Degree

  Documentary Requirements:

  The following is a list of the documentation necessary to file for a national interest waiver. It is not necessary to have every item on this list. The attorney will discuss with you in detail which items are most important:

  • Petition for Alien Labor Certification certified by Department of Labor
  • Copies of all diplomas
  • Letters from former employers verifying your work experience
  • Copy of petitioning employer's most recent Federal Tax Return or other evidence of ability to pay the preferred wage.
  • If current employed by petitioning employer, copies of most recent W-2 form and four recent pay-stubs

• Skilled Workers: This category requires the filing and certification by the DOL of a Petition for Alien Labor Certification. This category is for aliens working in a position that requires a minimum of two years of training or experience to perform the job duties. The alien must actually possess the two years of experience or training that is required for the position.

  • Petition for Alien Labor Certification certified by Department of Labor
  • Copies of all diplomas
  • Letters from former employers verifying your work experience
  • Copy of petitioning employer's most recent Federal Tax Return or other evidence of ability to pay the preferred wage.
  • If current employed by petitioning employer, copies of most recent W-2 form and four recent pay-stubs