Employment-Based Immigration

Experienced Attorneys For Employment-Based Immigration

The attorneys as the Law Offices of Adam Green assist foreign nationals and U.S. employers and sponsors in obtaining authorization for individuals with valuable training or abilities to work in the United States and establish permanent residence. Our attorneys are well-versed in the criteria for employment-based workers and other categories of immigrants, and they have extensive familiarity with PERM labor certifications for professional and international faculty as well as H1-B, L, E, O, and TN visas.

With high competition for these slots and the stringent requirements involved, you need reliable legal guidance. Adam Green and Paul Herzog are highly regarded attorneys with 35 years of combined experience in immigration law. Based in Los Angeles, our legal team serves clients throughout the United States. We also help workers with temporary employment and J-1 exchange visas.

Employment-Based Visas (Green Cards) For Immigrants

There are several options for immigrating to the U.S. through your employment, depending on your skills, education and occupation. The different options are known as “preferences.”

First Preference

The first preference includes the following individuals:

  • Aliens of Extraordinary Ability (EB1A): This category is for individuals who can demonstrate that they are at the top of their field (for example, through media attention, a high salary or other criteria), and it permits individuals to sponsor themselves. In fact, you can sponsor yourself in this category without the assistance of an employer.
  • Outstanding Professors and Researchers (EB1B): This category is for individuals who can show that they are high-level researchers (for example, through extensive publication in scholarly journals or through significant research contributions and citations), and it requires employment in a tenure-track, tenured or permanent position. This is the employer’s application on your behalf.
  • Multinational Executives and Manager (EB1C): This category is for individuals who were previously employed abroad for at least one year in a managerial or executive capacity and are being transferred to the United States to work in a similar position for a related company.

Second Preference

The second preference is for individuals who have an advanced degree or equivalent or who can demonstrate that they have exceptional ability.  Generally, a labor certification (i.e., employer advertises the position and shows that they are unable to find a minimally qualified U.S. worker) is required unless the chosen individual can do one of the following:

  • Demonstrate that their work is in the National Interest
  • Show that they will be employed in a Schedule A occupation, which currently is limited to physical therapists and nurses

Third Preference

All applications in this category require a labor certification. This preference is for the following workers:

  • Professionals: Individuals who will be working in a position that requires at least a bachelor’s degree
  • Skilled workers: Individuals who will be performing a job that requires at least two years of training or work experience

Fourth Preference: Religious Workers

Individuals coming to the United States to work as religious workers may qualify for either a temporary nonimmigrant visa (R-1) or for permanent residence (EB-4 Special Immigrant Religious Worker). To qualify for a nonimmigrant R-1 visa, an individual must:

  • Have an offer of employment of a religious nature, such as a priest, minister, religious professional or in a religious vocation
  • Have all the qualifications required for that employment
  • Have been a member of the religious denomination or organization for at least two years

In addition, the sponsoring employer must be a nonprofit religious organization. To qualify for the EB-4 Special Immigrant Religious Worker green card, an individual must meet all the above requirements and have two years of experience in the position.

Fifth Preference: Investors

Investor visas are reserved for foreign nationals who invest at least $1.8 million in a U.S. business (or $900,000 in certain high-unemployment areas) and create full-time employment for 10 or more U.S. workers. Only 10,000 are issued each year.

Read our page on priority worker immigration for more information. Our attorneys are recognized for their expertise with these preference categories, including the National Interest Waiver (NIW). Please read a leading article in the field on the National Interest green card written by attorney Paul Herzog.

What Is Labor Certification And PERM?

A labor certification is a determination by the U.S. Department of Labor (DOL) that no U.S. worker could be found to perform the job. A labor certification is only granted when the U.S. employer has established through a recruitment process that they were unable to find a U.S. worker who is ready, willing, able and minimally qualified to fill the position. A labor certification is required for persons in many categories unless they can establish that a waiver of this requirement would be in the national interest of the United States and its economy.

Program Electronic Review Management (PERM) is the DOL’s computerized system for processing a labor certification application (on form 9089).  The labor certification application is the first and most important step in obtaining some types of employment-based green cards. To apply for a labor certification under PERM, the U.S. employer must first perform an extensive recruitment procedure to determine if there are U.S. workers available for the position in question. If the recruitment reveals that there are no U.S. workers who satisfy the minimum requirements for the job, the employer completes an extensive questionnaire and a series of attestations that are then submitted electronically to the DOL. The application is either approved, referred to an audit or investigation, or denied.

International Faculty

The procedure for international faculty to be granted a labor certification is different. A major difference is the fact that the labor certification must be submitted within 18 months of the date of your selection.  The 18 month clock does not begin when you commence employment. Please contact our office to understand the process for international faculty.

Call Us For A Free 15-Minute Consultation

Employment-based immigration is highly technical. Our attorneys can shepherd you through the process to improve your chances of success. We are always available to explain the law and answer questions. Once foreign workers have obtained permanent resident status, we can also help with petitions for family members to join them in the U.S.

The Law Offices of Adam Green offers an initial consultation by phone, at no cost, to determine if we can help with your quest for an employment-based visa. We welcome clients from throughout the United States. Call 844-859-8146 or contact us online.