Employment Based Immigration
EB-1 Petitions EB-2 and EB-3 Petitions through PERM EB-2 National Interest Waiver Petitions EB-4 Petitions for Religious Workers EB-5 Investor PetitionsThe EB-2 and EB-3 visa categories are two popular options within the employment-based immigration system. The EB-2 visa is designed for professionals holding advanced degrees or individuals with exceptional abilities in the sciences, arts, or business. This category requires a job offer and a labor certification, demonstrating that there are no qualified U.S. workers available for the position. On the other hand, the EB-3 visa is for professionals, skilled workers, and unskilled workers. Professionals must have a bachelor’s degree, while skilled workers must have at least two years of experience and the position should require at least two years of college or training. Unskilled workers are individuals performing jobs that require less than two years of experience or training. Both the EB-2 and EB-3 visa categories provide opportunities for foreign nationals to secure employment-based immigration to the United States in their respective fields of expertise.
The Labor Certification
The Labor Certification is a crucial component for EB-2 and EB-3 petitions (Form I-140) filed through our law firm. Most often, these petitions require an approved individual labor certification from the Department of Labor on Form ETA-9089. However, in certain cases, an uncertified ETA-9089 may be submitted to the U.S. Citizenship and Immigration Service (USCIS). Such an exception is reserved for positions falling under “Schedule A, Group I” category, which includes professions like nurses and physical therapists, where there is a recognized scarcity of qualified U.S. workers. Our experienced team can guide you through the complexities of the Labor Certification process, ensuring compliance and optimizing your chances for a successful outcome.
The Green Card Process
The Green Card Process is a pivotal step in the journey towards lawful permanent residency in the United States. Once a U.S. employer obtains a Labor Certification, they can proceed with submitting a Form I-140 Petition to the U.S. Citizenship and Immigration Service (USCIS). Once the petition is approved, the foreign national seeking permanent residency can apply for a green card (Form I-485) concurrently, in cases where a visa is immediately available, and they have a valid non-immigrant status within the United States.
However, if the foreign national is residing outside the United States, they can opt for the Consular Process by applying for an immigrant visa abroad using the DS 260 form. This process also extends the opportunity for the foreign national’s spouse and eligible children to immigrate as lawful permanent residents. IBP Immigration Law is well-versed in navigating the intricacies of the Green Card Process, providing comprehensive assistance to individuals and their families seeking to obtain permanent residency in the United States.
