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Legal Help For Immigrant (Permanent) Visas

Permanent resident status (also known as LPR status or a green card) can be obtained through employment. There are five preference categories. Some applications can be submitted by the individual and others require an employer.

The individual’s dependents (spouse and children under 21 years old) can also obtain permanent resident status.

The employment-based permanent immigrant visa categories are listed below.

EB-1

Extraordinary Ability in the Arts, Sciences, Education, Business or Athletics

An individual is eligible for this category if he or she can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics by sustained national or international acclaim. This can be demonstrated by either a major internationally recognized award (e.g. the Nobel Prize), or evidence of three of the ten criteria listed below:

Receipt of lesser nationally or internationally recognized prizes or awards (academic awards to students are given very little weight);
Membership in an association in the field for which classification is sought, which requires outstanding achievement of their members, as judged by recognized national or international experts;
Published material about the person in professional or major trade publications or other major media;
Participation as a judge of the work of others;
Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance;
Authorship of scholarly articles in the field;
Artistic exhibitions or showcases;
Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation;
High salary or remuneration in relation to others in the field; and
Commercial success in the performing arts.

No labor certification or PERM is required in this category. An individual can file without an employer.

Outstanding Professors and Researchers

The EB-1 category for outstanding professors and researchers is available to an individual who is recognized as “outstanding” in a specific academic area, has at least three years of experience in teaching or research in that academic area, and seeks one of the following:

a tenure (or tenure track) teaching position at a college or university;
comparable position at a college or university to conduct research;
comparable position to conduct research with a private company. The private company must employ at least three full-time researchers and have achieved documented accomplishments in the academic field.

No labor certification or PERM is required in this category. Research positions may be tenured, tenure-tracked, or a position with a permanent offer (i.e. an offer of indefinite or unlimited duration).

Multinational Managers and Executives

EB-1 status is available to an individual who has been employed for at least one year out of the last three years at an overseas company that wants to transfer the employee to their U.S. operations as an executive or manager. The company could transfer the individual to start a U.S. operation. Frequently, an individual seeking this visa first applies for the nonimmigrant L-1 visa.

No PERM or labor certification is required in this category.

EB-2

Exceptional Ability in the Arts, Business, or Sciences (and National Interest Waiver)

An employer can file for an individual with “exceptional ability” in the sciences, arts, or business whose employment will prospectively benefit the U.S. national economy, culture, education, or welfare. To show “exceptional ability”, the individual must meet any three of the following:

Degree relating to the area of exceptional ability;
Letter from current or former employer showing at least 10 years of experience;
License to practice profession;
Person has commanded a salary or remuneration demonstrating exceptional ability;
Membership in professional association;
Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organization.

The job offer and the PERM may be waived if the employment is in the “national interest.” To qualify for a national interest waiver, (1) the proposed endeavor has both substantial merit and national importance; (2) the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the U.S. to waive the Perm and job offer.

Members of the Professions Holding Advanced Degree (and National Interest Waiver)

An employer can file for an individual holding an advanced degree or the equivalent (a bachelor’s degree and five years of progressive employment experience). The job offered must require such a degree or equivalent.

EB-3 Professional, Skilled, and Other Workers

An employer can file for an individual who holds a bachelor’s degree (professionals); or who has at least two years of training or work experience (skilled workers); or who has less than two years of training or work experience (other workers). The job offered must require such education or experience listed.

A job offer and a PERM are required.

PERM – Company files with Department of Labor

PERM (labor certification) is the first step in a three step process for an employer to sponsor an employee for LPR status (a green card) for the EB-2 and EB-3 preference categories.

The employer must demonstrate to the U.S. Department of Labor that there are no U.S. workers able, willing, available, and qualified to perform the job to obtain the Department of Labor’s certification. This is called the PERM process. The other two steps are the I-140 Immigrant Petition and adjustment of status or consular processing.

I-140 Immigrant Petition – Employer files with USCIS

For EB-1 and EB-2 National Interest Waiver applications, the I-140 petition is the first step of the process. For an EB-2 Advanced Degree and all EB-3 cases, an approved PERM is first required. The I-140 petition must be filed within 180 days of PERM approval.

For the I-140 to be approved, the employer must demonstrate that it has the ability to pay the offered salary at the time the PERM was initiated, that this will continue until the green card is approved, and that employee meets the education and/or employment experience requirements set forth in the PERM.

I-485, Adjustment of Status –Individual and Dependent(s) File with USCIS or U.S. Embassy/Consulate

The final step of the employment-based permanent visa process is the I-485, if done in the U.S., or consular processing if done overseas. In some situations, this process can be done simultaneously with the I-140. It is at this stage of the process that the government ensures that the individual and his or her dependents are good people (i.e. not criminals, terrorists, drug addicts, etc.).

EB-4 – Religious Worker

The EB-4 category is available to religious workers to work and reside permanently in the U.S. Individuals do not have to be a priest, rabbi, or nun to qualify for this type of visa; he or she just has to be a religious worker. The music instructor of a religious institution or school might qualify as their work involves religious teaching. Even fundraisers for religious institutions and members of the board of directors of the religious institution might be able to qualify for this type of visa as the religious values or instructions might be a significant component of their job. However, a janitor of a religious institution or school would probably not qualify.

Individuals seeking this classification must demonstrate they have been carrying on such work for at least two years preceding the application.

EB-5 – Permanent Visas for Investors

The EB-5 category allows individuals to stay permanently in the U.S. to manage their personal financial investment. It is designed to draw wealthy foreign nationals to invest in a U.S. business. The investment must be $1.8 million dollars, although an investment of $900,000.00 in an underserved area or through a preapproved government-designated regional center will qualify. The funds being invested must have been legitimately obtained and must be personally at risk.

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