Employment-Based Visas
U.S. employers are generally eligible to sponsor foreign workers for lawful permanent residence by extending a job offer. However, distinguished professionals who are at the top of their field or whose proposed work in the U.S. will serve a national interest may be eligible to apply for lawful permanent residence without the need of a job offer in the United States. Our firm represents clients in obtaining lawful permanent residence through employment, including the following:
EB-1 Extraordinary Ability
Foreign nationals who can demonstrate sustained national or international acclaim in the fields of Science, Arts, Education, Business or Athletics may be eligible to sponsor themselves for an EB-1A visa.
EB-2 National Interest Waiver
Foreign professionals may be eligible to sponsor themselves for lawful permanent residence in the U.S. based on an EB-2 NIW if they have an advanced degree (Master’s Degree or Ph.D.) or a baccalaureate plus 5 years of post-baccalaureate, progressive work experience in the field. Alternatively, foreign professionals working in the fields of arts, science, or business may qualify if they possess exceptional skill and can demonstrate a degree of expertise significantly above that ordinarily encountered in their field. Ultimately, the foreign professional must demonstrate their desire to work in a field or occupation that would greatly benefit the U.S. and be in the national interest.
PERM/Labor Certification
U.S. employers who wish to bring a foreign worker to the country on an employment-based visa for lawful permanent residence will first need to obtain a labor certification from the United States Department of Labor (“DOL”). Obtaining a labor certification is a process by which the DOL certifies that there are no minimally qualified U.S. workers who are willing and available to do the job offered. Many employers will need to navigate the labor certification process before hiring immigrant workers, but there are exceptions available. We can thoroughly explain the visa application process and protect your best interests through each step of the way in order to meet the immigration needs of employers and employees.