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Employment Petitions / Labor Certifications

In a competitive global economy, talent knows no borders. The United States offers various pathways for professionals, skilled workers, and businesses to strengthen their workforce through employment based immigration. My firm advises both employers and employees in navigating the rigorous processes of the Department of Labor and USCIS, ensuring that every step complies with federal regulations.

— 05 — EB-1 to EB-4 · H-1B
Permanent Residency through Employment

Main Categories

There are 2 types of visas for employment: Non-Immigrant Visas (Temporary) and Immigrant Visas (Green Card)

Immigrant visas

Different preference levels for obtaining Permanent Residency (Green Card) through employment:

  • EB-1 (High Priority)For individuals with extraordinary abilities in sciences, arts, education, or business, outstanding researchers, and multinational executives. This category often does not require a specific job offer.
  • EB-2 (Professionals with Advanced Degrees)For those who hold a postgraduate degree or possess exceptional ability. This includes the National Interest Waiver (NIW), which allows candidates to apply without a sponsor if their work significantly benefits the country.
  • EB-3 (Professional, Skilled, and Other Workers)For professionals with a bachelor degree, workers with at least 2 years of experience, and in certain cases, non-skilled workers.
  • EB-4 (For religious workers)It allows religious workers to obtain permanent residency without labor certification, requiring proof of two years of previous experience and continuous membership in a religious denomination supported by a nonprofit organization in the United States.
  • Labor Certification (PERM)A U.S. Department of Labor process that allows an employer to sponsor a foreign worker for permanent residency by proving there are no qualified U.S. workers available for the position and that hiring the foreign worker will not adversely affect U.S. wages or working conditions.

Non-Immigrant visas

These are designed for individuals who come to the United States for a limited time and for a specific purpose, such as working, studying, or conducting business.

  • H-1BFor professionals in specialty occupations.
  • L-1For transfers of executives or managers within the same multinational company.
  • TNFor professionals from Mexico and Canada under the United States Mexico Canada Agreement.
  • O VisaFor athletes, artists, and entertainment groups coming to the United States to perform, compete, or entertain on a temporary basis, either individually or as part of a recognized group.
  • P Visa: For athletes, artists, and entertainment groups coming to the United States to perform, compete, or entertain on a temporary basis, either individually or as part of a recognized group. .
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Frequently Asked Questions / FAQ

Can a small business or a startup sponsor an employee?
Yes, as long as the company can demonstrate the financial ability to pay the prevailing wage determined by the government.
How long does the PERM process take?
It is a lengthy process that can take from 12 to 18 months due to Department of Labor processing times. Therefore, advanced planning is essential.
What is a National Interest Waiver (NIW)?
It is a pathway within the EB-2 category where the government allows the labor certification process to be bypassed because the work of the applicant is of such importance that it benefits the national interest of the United States.
AILA — American Immigration Lawyers Association
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