Employment-Based Visa Petitions

Permanent immigration in the U.S. comes with a variety of rights and privileges. One of the most widely used methods to obtain permanent immigration is through employment. There are five classifications for employment-based immigration.

EB-1 Priority workers

  • Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
  • Outstanding professors or researchers
  • Managers and executives transferred to the U.S.

EB-2 Professionals with advanced degrees or persons with exceptional ability

  • Individuals with exceptional ability in the sciences, arts or business
  • Professionals with advanced degrees
  • Physicians intending to practice medicine in underserved areas

EB-3 Skilled or professional workers

  • Professionals with bachelor’s or equivalent degrees
  • Skilled workers with at least two years experience
  • Unskilled workers

EB-4 Special Immigrants

  • Religious workers
  • Employees and former employees of the U.S. Government abroad

EB-5 Immigrant Investors

The Program Electronic Review Management Process (PERM)

Before a US employer can file an employment-based immigrant visa petition on behalf of a foreign worker, it must prove to the satisfaction of the US Department of Labor (DOL) that there are no qualified US workers available for the job. In order for the US employer to prove there are no qualified US workers for the job, it must utilize the Program Electronic Review Management (PERM) labor certification process.

PERM requires the employer to engage in specific forms of recruitment to “test” the US labor market by:

1. Running two consecutive Sunday advertisements for the position in a newspaper of general circulation covering the work site;

2. Posting an internal job announcement on its premises for 10 business days;

3. Placing a 30 day state job order with a state job agency; and

4. Engaging in three of the following forms of recruitment:

a.) Posting the job availability on its web site;

b.) Posting the job availability on a job search web site other than the employer’s;

c.) Conducting an employee referral program with cash incentive during the recruitment period for the job; d.) Running ads in a local or ethnic newspaper;

e.) Running ads in a professional or trade journal;

f.) Posting the job through a campus placement office;

g.) Conducting on-campus recruitment;

h.) Hiring a Technical Recruiter or placement agency ;

i.) Conducting recruitment at job fairs

In addition to proving there is no qualified US worker for the job, the employer must:

1. Document that it is not adversely affecting the wages and working conditions of other US workers similarly situated by obtaining a prevailing wage for the position from the National Wage Processing Center (NWPC); and

2. Offer a salary that is within prevailing wage or higher.

The US Department of Labor prohibits the US employer from seeking reimbursement or payment for any and all costs (such as advertisements) and for attorney’s fees associated with the PERM process. Although the foreign national may pay for all USCIS filing fees and attorney’s fees associated with the filing of the I-140 visa petition and I-485 application for permanent residence, the US employer is required to pay for the PERM process.

There are other ways a foreign national can obtain permanent residence through employment but in these areas PERM labor certification is one of the more common ways of obtaining permanent residence or immigrant visa status in the US. To customize which options apply to your case, please contact www.tancinco.com.

The information contained in this section is very general and not intended to be a substitute for specific legal advice regarding an individual matter. Immigration law is highly specialized and is constantly changing. If you wish information specific to your case, please at www.tancinco.com . We have assisted clients in all aspects of immigration law for more than 28 years.

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With offices in San Francisco and Vallejo, CA, as well as in Manila – Tancinco Law Offices is ready to assist you in U.S. immigration and business-related concerns. Call us Toll Free (888) 930-0808 or at 1-415-397-0808.