Get A Work Visa In The U.S. - EB2 & EB3

Employment Based Immigrant Visas – PERM – EB2 and EB3

A foreign national may gain permanent residence (green card) through one of several employment-based options. Employment Based Immigrant Visas are divided into several categories- EB1, EB2, EB3, EB4 and EB5.

In this section we will discuss categories EB2 and EB3, which, for the most part, require the sponsorship of a U.S. employer. The U.S. employer must intend to hire the foreign national on a long-term basis and demonstrate that there are no U.S. workers who are able, willing, qualified and/or available for the offered position and that hiring the foreign national will not adversely affect the wages and working conditions of other employees.

Both of these categories, EB2 and EB3 require the U.S. employer to obtain certification (or permission) from the Department of Labor allowing the company to hire a foreign national, unless foreign national qualifies for a national interest waiver. This program is known as the Department of Labor Certification Program and is referred to as PERM in the immigration context.

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EB2 – Visa for individuals with advanced degrees or exceptional abilities.

EB2A- Requires you to have a master’s degree or higher, or bachelor’s degree and at least 5 years experience in the field.

EB2B- Must show exceptional ability in arts, science, or business and meet at least 3 of the following:

An academic degree in the field
10 years of full-time experience in the field
License or certificate to practice in the field
A salary suggestive of exceptional ability
Membership in a professional association related to the field
Recognition in the field from experts
Other comparable evidence of exceptional ability

EB2C- For this category no Labor Certification is required, but foreign national must show that it is in the interest of the United States to waive this requirement. National interest waiver may be granted only if a person can meet these 3 requirements:

(1)The proposed endeavor has both substantial merit and national importance.

(2) You are well positioned to advance the proposed endeavor.

(3) It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

EB3- Visas for Skilled workers, professionals or unskilled workers

This category is for individuals whose jobs don’t require advanced degrees or expertise.

Professionals are those with a bachelor’s degree or equivalent who will be working in a job where a bachelor’s degree is the norm. You may not use experience or other education as a substitute for this degree.
Skilled workers are those with at least 2 years of job training or experience.
Unskilled workers are those performing jobs that require less than 2 years of training.

The Eb-2 and EB-3 Visa Process

For both EB2 and EB3 categories there is a 5-step process with the exception only if the individual qualifies for a national interest waiver as discussed above):

Obtain a Prevailing Wage Determination from Department of Labor
Advertising of the open position within the U.S.
Obtain Labor Certification
File Immigrant Petition
File for visa via consular process (if foreign national is abroad) or file for adjustment of status (if foreign national is in the U.S.)

Additional Information About U.S. Work Visas

Statutory quotas limit the number of people who can immigrate each year depending both on the preference category in which the person is classified, and the person’s country of birth.

The vast majority of employment-based immigrants fall into either the second preference (EB-2) or the third preference (EB-3) category.

Generally EB2 categories are less likely to have a backlog for most countries, whereas, EB3 categories often times experience visa backlogs, which means that visas may not be available and even if the Immigrant Petition is approved, foreign national may not be able to right away file for visa abroad or adjust status within the United States.

Alternatively, if the visa is current at time of filing and the foreign national is in the US, adjustment of status may be filed concurrently with the Immigrant Petition, which is often the case with the EB2 category.

LET THE ANTONOVSKY GORELIK & ASSOCIATES TEAM HELP YOU GET A WORK VISA

Antonovsky Gorelik & Associates have extensive experience working with employment-based visas and we are equipped with knowledge to guide you through the entire process. We work with foreign nationals to have their diplomas properly evaluated and work with U.S. employers to assure they are financially qualified to sponsor the foreign national.

Our attorneys can analyze options, develop case strategies, and represent petitioners and applicants throughout the EB immigration process. There is no need to reinvent the wheel and struggle to figure out this convoluted process, let our experience and proven track record work for you. Contact us TODAY to schedule your confidential consultation.

GET A WORK VISA IN THE U.S. – EB2 & EB3

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