Temporary & Permanent Work Visas

Presently, Immigration law for work visas is very limited for individuals who are inside the United States and an appointment. These are the visas currently available:

H-1 visa: Temporary work visa for professionals and managers.

L-1 visa: Temporary work visas for those workers who have been transferred from their company employment position outside the United States to a company employment position inside the United States with the same company.

EB-1: Extraordinary Ability, 1st Preference – Permanent Greencard Status
Aliens of extraordinary ability, Professors and Researchers, Int’l Executives and Managers, Top Professional People. (No Labor Certification).

EB-2: Exceptional Ability, 1st Preference– Permanent Greencard Status
Aliens with Advanced Degrees or Exceptional Ability in Sciences, Arts or Business. (Labor Certification required unless required, unless qualifying for a National Interest Waiver (NIW)).

EB-3: Skilled/Professional Workers, 3rd Preference– Permanent Greencard Status
Skilled or Professional Persons. (Labor Certification Required).

EB-4: Religious Workers, 4th Preference
For certain religious workers, international organization and U.S. government employees.

EB-5: Investor/Employment Creation, 5th Preference– Permanent Greencard Status
For investors who invest a minimum of $500K-1000K in new business. See EB-5 Investor GreencardsRead More

Labor Certification Process– Permanent Greencard Status
The most common way in which professional aliens attain their green card. The employer must demonstrate, pursuant to the regulations that no qualified U.S. worker is willing or able to accept the position.

 

Labor Certification Process PERM– Permanent Greencard Status:

The Labor Certification Process has recently changed under the “PERM” process whereby the time to receive an approved labor certification process has been reduced dramatically. The process remains detailed, complex and many of the same factors are required including and not limited to:

  • An advertising campaign to test the job market must be completed prior to submitting the labor certification;
  • There must be a bona fide job opening;
  • Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from a business necessity; and
  • The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
  • The employer must hire the foreign worker as a full-time employee;
  • There must be a bona fide job opening
  • Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from a business necessity; and

The employer must pay at least the prevailing wage for the occupation in the area of intended employment.