Immigration Law

Perm Employment Certification

United States employers wishing to sponsor foreign workers must first make good faith recruitment efforts to consider applications from all minimally qualified United States candidates for the positions sought to be certified. Certification requires the employer to attest that there are no qualified, able, willing and available United States workers to perform the job and that the employment of a foreign worker will not adversely impact the wages and working conditions of similarly situated United States workers.

Extraordinary Abilities EB-1

There are three groups within the first preference immigrant category. These groups are (1) those with extraordinary abilities in the sciences, arts, education, business, or athletics; (2) outstanding professors and researchers; and (3) multinational executives or managers. First preference immigrant category is exempt from the labor certification requirement and can be processed relatively quickly.

1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics can self sponsor and thus do not require job offers. An EB-1 visa petition requires very significant and widely recognized achievement in these fields.

2. Outstanding Professors may qualify if they have at least three (3) years of teaching experience, and have received job offers for permanent positions from a United States research or teaching institution. Researchers may qualify if they have at least three (3) years of research experience and hold positions for a private employer that employs at least three (3) full time researchers.

3. Managers and executives of companies with United States affiliates may qualify for the first preference category if their services are required permanently by the United States company. The company must have been in existence for at least one (1) year. The applicant must have been an manager or executive for at least one (1) year in the last three (3) years prior to transferring to the United States.

Advanced Professionals EB-2

This visa category provides permanent residency for professionals with advanced degrees, meaning at least a Master's or a Bachelor's degree followed by five (5) years of increasingly senior work experience. The job must also require such qualifications. This preference category usually requires a labor certification, unless a waiver applies (national interest).

Professionals EB-3

Third preference immigrant visa category requires a labor certification for all but registered nurses and therapists. The 3 separate categories are 1) professionals with bachelor's degrees 2) individuals performing a job which requires at least two (2) years of education, experience or training, and 3) on for other workers, including individuals performing jobs which require less than two (2) years of education, training or experience. PERM employment certification applies.

Schedule A Group 1 include professional nurses and physical therapists. Both require a permanent position and must obtain a VisaScreen Certificate.