Our lawyers possess extensive knowledge and in-depth experience in obtaining immigrant visas on behalf of clients. We fully understand not only the history of immigration law but the most recent changes in immigration laws regarding portability of labor certifications and immigrant visa petitions, tandem filing of immigrant visa petitions and adjustment of status applications, labor certifications and procedures and processing times for applications in the United States. Our attorneys have extensive experience in all facets of immigrant visas, including:
- labor certifications
- immigrant visa petitions
- multinational executives and managers
- outstanding professors and researchers
- exceptional ability visas
- nurses, doctors, physical therapists and other healthcare professionals
- special immigrants, including religious workers, returning permanent residents and broadcasters/journalists
- employment creation/investor
- employment-related family immigrant visas (spouses/children/brothers/sisters
EB-1(c) (Multinational Executive or Manager)
The EB-1(c) is a first-preference immigration petition, which means that there is currently no visa backlog for this category and priority dates are current. The EB-1(c) is an employment-based immigration petition designed specifically for multinational executives and managers, and must be sponsored by a U.S. employer. You must have been employed outside the United States in the 3 years preceding the petition (or your entry as a manager/executive) for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
In order to qualify for the EB-1(c), the foreigner must have been employed outside the United States in the 3 years preceding the petition (or entry as a manager/executive), for at least 1 year by a firm or corporation, and must be seeking to enter into the U.S to continue service to that firm or organization’s affiliated U.S. entity. Moreover, the alien’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the U.S. prospective employer. The transferee’s managerial or executive duties must be at a high level that involves critical decision-making, supervising, and other job duties that are essential to the livelihood of the business.
The petitioning employer must be a U.S. employer. This employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the foreigner when he or she was abroad.
In addition to collecting all necessary evidence and documentation for the EB-1(c), the petitioner-employer must file a Form I-140, Petition for Alien Worker. The petitioner must also provide the filing fee, made payable to the U.S. Department of Homeland Security. Premium processing is not available EB-1(c) petition.
EB-1(b) (Immigrant Petition for Alien Worker as an Outstanding Professor or Researcher)
Outstanding professors and researchers are aliens who have gained international recognition for their outstanding achievements in a particular academic field. A labor certification is not required. The individual must have at least three years of experience in teaching or research in that academic area. They must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. EB-1(b) aliens are not allowed to self-petition; their employer must serve as the petitioner and the alien is the beneficiary.
Aliens may be employed in a tenure or tenure-track teaching position at a university or similar higher education institution, in a comparable research position at a university or similar higher education institution or in a comparable research position for a private employer. The private employer must employ at least three people in full-time research activities and must have documented achievements in an academic field.
PERM (Program Electronic Review Management Process)
The Program Electronic Review Management Process (also known as PERM) is a process that must be used for all Labor Certificates filed after March 28, 2005. U.S. employers are required to prove to the Department of Labor (DOL) that there are no U.S. workers qualified or willing to fill the position being offered to a foreign candidate, and offering the job to a foreign worker does not negatively impact the income and working conditions of similarly situated U.S. workers by obtaining the Labor Certificate on your behalf. Upon approval of the Labor Certificate, the employer can then file I-140 for the employee.
The currently used PERM labor certificate process is complicated and it is time sensitive. Under the “PERM” labor certificate process, the employer must exhibit the unavailability of qualified US workers by prudently documenting evidence of recruitment efforts made immediately prior to filing the labor certification. A minimum of 30 days of recruitment, and at least 30 days for U.S. workers to reply to the advertisements at the end of the requisite recruitment is necessary.
The National Interest Waiver for EB-2
Generally, application of second preference of employment-based immigrant visa, unlike first preference, requires a specific job offer and a labor certification. However, a foreign person may seek a waiver of the offer of employment by establishing that his admission to permanent residence would be in the “national interest”.
Second preference EB-2 aliens are those are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.
EB-2 petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. However, aliens can get this requirement waived through applying for a national interest waiver (NIW). Aliens can do self-petition for NIW without an employer to sponsor them and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. In order to do this, an alien must show how he/she proposes to substantially benefit the national economy, cultural or educational interests, or welfare of the U.S. national interest waiver is essential for individuals whose careers do not typically involve permanent employment with a single company. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the U.S. would greatly benefit the nation.