Most types of employment based green card applications require an offer of employment from a U.S. employer:
EB-1 Multinational Managers/Executives: This category is reserved for managers and executives who have been employed for at least 1 of the 3 preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer are also eligible for the EB-1 category. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity the applicant worked for outside the U.S., and intend to employ the applicant in a managerial or executive capacity. No labor certification is required.
EB-2 and EB-3 PERM Applications: These applications require a job offer from a U.S. employer and a labor certification (PERM) approved by the Department of Labor. (Please see the PERM application section for more details on obtaining labor certification.)
If the job offered by the U.S. employer requires an advanced degree (bachelor’s degree and 5 years of experience, master’s degree or above), then the application is based on EB-2 (second preference visa) category.
If the job offered by the U.S. employer requires anything less than a bachelor’s degree and 5 years of job experience, then the application is based on EB-3 (third preference visa) category. There are three subgroups within this category: skilled workers, professionals, and unskilled workers (other workers).
An EB-2 or EB-3 preference applicant must have an approved labor certification (PERM) from the Department of Labor. The U.S. employer must then file an I-140 Immigrant Visa Petition on behalf of the applicant. Finally, the applicant can either file an I-485 Adjustment of Status Application if within the U.S., or process the application through consular processing if outside of the U.S.
Please keep in your mind that as part of the application process, the employer must be able to demonstrate a continuing “ability to pay” the offered wage as of the priority date. The employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay the green card wage.
EB-4 Religious Workers: An applicant may be eligible to be classified as a special immigrant if he is a religious worker, who has been a member of the religious denomination and who has experience in the field for at least two years immediately prior to the application. Labor certification is not required for this category.
EB-5 Immigrant Investors: Investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) under an immigrant investor visa (EB-5). EB-5 visa is for substantial investment by foreign investors in new or existing commercial enterprises in the United States which provides job creation.
A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.
HOW WE CAN HELP YOU
The Kulen Law Firm provides assistance and advice regarding the best strategies for obtaining PERM Labor Certifications for foreign workers, including preparing PERM applications, responding to PERM audits, as well as complex DOL requirements that need to be considered in filing these applications.
