PERMANENT EMPLOYMENT VISAS
PERM Labor Certification (Job Offer Required)
The most common Labor Certification process, also known as PERM, is intended for U.S. employers seeking to employ certain skilled employees where qualified authorized workers are unavailable in the United States. Employers must comply with a number of recruitment steps and verify that there is no minimally qualified U.S. worker willing and able to do the job. Our attorneys ensure that all of the procedural requirements and documentation of the regulations are met. We provide guidance for each of the following steps: 1) We evaluate the job duties requirements and ensure employers have a solid job description on file; 2) Obtain Prevailing Wage from the Department of Labor 3) Review advertisements and assist employers in their recruitment efforts and reports; 4) Obtain Labor Certification from the Department of Labor; and 5) File I-140 Immigrant Visa petition with U.S. Citizenship and Immigration Services.
Extraordinary Ability (Job Offer not Required)
Individuals with extraordinary abilities in sciences, arts, education, business or athletics who can document sustained national or international acclaim supported by extensive documentation may petition through employer or self petition USCIS for an immigrant visa. This category does not require a Labor Certification and bypasses the question of availability of U.S. workers. Evidence usually includes a major internationally recognized award or at least three of the following: lesser national or international prize or award, membership in associations that require outstanding achievement, published material about the individual in professional or major trade publications, participation as a judge of the work of others, evidence of original scientific, artistic, or business-related contributions, authorship of scholarly books or articles, high salary or remuneration in relation to others in the field or other comparable evidence. This category is reserved for individuals who have reached the top of their field.
Outstanding Researcher (Job Offer Required)
This category is available for researchers who have reached the very top of their field and are recognized internationally as outstanding in a specific academic or research area. This category also does not require a Labor Certification and bypasses the question of availability of U.S. workers. Evidence includes at least three years of research experience, a permanent research position with a private employer that employs at least three full-time researchers, and evidence that the researcher is recognized as outstanding by satisfying at least two of the following criteria: receipt of major prizes or awards for outstanding achievement, membership in associations that require outstanding achievement, participation as a judge of the work of others, evidence of original scientific research, authorship of scholarly books or articles, or other comparable evidence.
Multinational Managers and Executives (Job Offer Required)
This category is a preferred choice for multinational executives or managers who have been employed abroad for one year during the last three years by a company or an affiliate or subsidiary of a U.S. company. The employee or company transferee is usually in the United States in L-1 or E-2 nonimmigrant visa status. The sponsoring employer must be an active entity conducting substantial business and document the need of an individual serving in an executive or manager capacity. The term “managerial capacity” includes those who manage a “function” rather than focusing on the number of employees supervised or managed. The petition usually includes evidence of the company’s business activities, nature and size of the business, organizational structure, and proposed senior-level managerial or executive job duties, among others.
EB-2 National Interest Waiver (Job Offer not Required)
The National Interest Waiver category allows qualified applicants to self-sponsor for a green card, without obtaining the support from an employer. This path is available to applicants with an advanced degree or exceptional ability in the sciences, arts, or business. The process bypasses the labor certification requirement and focuses on the substantial benefit to the national economy, cultural or educational interests, or welfare of the U.S. The burden of proof falls on the applicant to establish that exemption from labor certification will be in the national interest of the U.S. Since there is no labor certification or permanent job offer requirement, this category is a preferred choice for scholars, researchers, post-doctoral research fellows, Ph.D. students, or other advanced degree professionals.