The EB-1 is the Employment Based- 1st Preference Visa. The EB-1 is available to individuals 1) with “extraordinary” ability in the sciences, arts, education, business, or athletics who have received a notable award, such as a Noble Prize or an Olympic Medal, 2) who are professors and researchers that can demonstrate international recognition, or 3) who are multinational mangers or executives. The EB-1 is an Immigrant Visa, meaning that if granted, it grants Permanent Resident Status, i.e., the Green Card.
Please note, that the EB-1 can be obtained through a self-petition, or sponsoring-petition depending on the specific case.
The EB-2 is the Employment Based- 2nd Preference Visa. The EB-2 is available to individuals who are (1) professionals holding Advanced Degrees, or the equivalent, 2) with “exceptional” ability in the sciences, arts, or business and meet certain criteria, or 3) that qualify for a National Interest Waiver. The EB-2 is an Immigrant Visa, meaning that if granted, it grants Permanent Resident Status, i.e., the Green Card.
Please note, that the EB-2 can be obtained through a self-petition, or a Labor Certification/ sponsoring-petition depending on the specific case.
Our firm greatly specializes in EB-2 National Interest Waivers and Labor Certifications.
The EB-3 is the Employment Based- 3rd Preference Visa. The EB-3 is available to many individuals with various educational levels and experience.
The EB-3 is an Immigrant Visa, meaning that if granted, it grants Permanent Resident Status, i.e., the Green Card.
The EB-3 requires a Labor Certification/ sponsoring-petition. Our firm greatly specializes in EB-3/Labor Certifications.
-What is a Labor Certification?
The Labor Certification is an employment-based process. The Labor Certification requires a person have an offer of employment from a U.S. Company known as the “Sponsor.” If successful, the Labor Certification ultimately provides the individual with a path to obtain permanent immigrant status, i.e., a Permanent Green Card.
Specifically, the Sponsoring Company is offering a job position. The Labor Certification Process demonstrates that there are no U.S. candidates available, qualified, and willing to take the position being offered. That hiring a foreign national for the position being offered will not affect the interests of a U.S. worker.
-What evidence does the Sponsoring Company need to provide?
Generally, to obtain the Labor Certification the Sponsoring Company does not need to provide any evidence to the Department of Labor.
However, an immigration firm filing the Labor Certification Application with the DOL on the Sponsor’s behalf will require various company information. The firm will also likely ask for the Sponsoring Company’s most recent tax return, among other things.
Please note, that after obtaining the Labor Certification, USCIS (U.S. Immigration) will require the Sponsor provide the company’s most recent tax returns and a letter describing the offer of employment, among other things that vary depending on if the Beneficiary will Adjust Status in the U.S. or go through the Consular Process abroad.
-What are the financial requirements of the Sponsoring Company?
The Sponsoring Company must be able to show that it can pay the prevailing wage, i.e., the salary indicated by the Department of Labor. This is generally demonstrated by the Sponsoring Company's most recent tax return. If the company does not show a profit in said-tax return, an immigration attorney would be able to help determine if assets and cash-in-hand can compensate for this lack of profit.
-Can the owner of the Sponsoring Company be related to the Beneficiary?
We do not recommend filing a Labor Certification Application for family members, e.g., uncle owns a restaurant and wants to sponsor nephew that is a chef. The reason being, a familial filing may create a presumption of fraud and will likely result in being issued an audit that may be difficult to overcome. In these cases, upon receiving a virtually guaranteed audit, you will need to consult with an immigration attorney who will be able to overcome the DOL audit. Please be aware if the Sponsoring Company is owned by the Beneficiary’s relatives the Labor Certification Application will likely be highly scrutinized.
-How big must the Sponsoring Company be?
We generally recommend that a company have at least 2 employees. A small mom-and-pop company can be a Sponsoring Company.
-What jobs are generally certified?
All jobs ranging of all levels of education and experience are generally certified by the Department of Labor. In our practice we have not noticed any trend in denials or prejudice.
-How many people can a Company sponsor?
A Sponsoring Company can sponsor as many individuals as it wants as long as it can fulfill the financial requirement.
-Can a Labor Certification be denied?
Technically, yes. However, when filed by an experienced immigration firm, this is very rare. Generally, the Department of Labor audits a case or requests further documentation before denying a Labor Certification Application.
- What if we receive an audit from the Department of Labor?
Many times it appears audits are issued on a random basis. If an audit is issued, it will delay the certification process by 135 days to 8 months.
-Does the Beneficiary have to speak English fluently to obtain a Green Card based on a Labor Certification Filing?
We generally recommend a Beneficiary speak English. However, the Beneficiary is not required to speak English if the position offered does not specify English as a required qualification. A Beneficiary has the right to have an interpreter present at his/her Permanent Residency (Green Card) interview.
-How long will it take for the Beneficiary to receive a Green Card?
The average for the Labor Certification process is 19 months. After obtaining the Labor Certification, the Sponsoring Company will file an Immigrant Petition with USCIS. If the Beneficiary is in the U.S., he/she may Adjust Status and receive Work and Travel Authorization within 90 days of filing. It generally takes any where from 7 months to a year to receive an Interview Notice. After Beneficiary has gone to his/her Permanent Residency (Green Card) interview, if the officer recommends the Beneficiary for approval, the Beneficiary should receive the Green Card within 1 to 10 days after the interview.
-Will the Beneficiary receive a Conditional or a Permanent Green Card?
The Beneficiary will receive a Permanent Green Card.
-Does the Beneficiary have to be working for the Sponsoring Company?
The Labor Certification is an offer of employment
The EB-4 is the Employment Based- 4th Preference Visa. The EB-4 is available to “special” individuals. Please contact us for more details.
The EB-5 is the Employment Based- 5th Preference Visa. The EB-5 is available to individuals who 1) make the necessary invest, generally either a minimum of $500,000 or $1 million (depending if the investment is in a targeted employment area), and 2) plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. The EB-5 is an Immigrant Visa, meaning that if granted, it grants Conditional Permanent Resident Status, i.e., the Conditional Green Card.
The EB-5 can be obtained through a qualifying investment in a private entity/project or the Immigrant Investor Program, better known as the Regional Center Program.
Please call for more details