Get Help With Your Employment-Based Immigration Needs from George & Marzialo, PLLC

Every year, approximately 140,000 employment-based visas are made available to foreign workers to come to the United States for a specific job. Employment-based visas are broken down into five categories, each with different eligibility requirements and processing times.

(E1): Priority Workers and Persons of Extraordinary Ability
(E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
(E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
(E4): Certain Special Immigrants
(E5): Immigrant Investors

The application process for employment-based immigration is often extensive, and the accuracy and completeness of your application are crucial to immigrating successfully. One of the best ways to ensure that your employment-based immigration efforts are successful and efficient is by working with an employment-based EB-5 Lawyer from George & Marzialo.

Employment-Based Green Cards Provide a Path to Immigration

One of the most common methods for citizenship rights in the United States is to obtain an employment-based visa.

The potential employer of the applicant starts the process by obtaining a labor certification from the U.S. Department of Labor, called a Permanent Labor Certification. The employer can then file a petition with the United States Citizenship and Immigration Services (USCIS)—a division of the Department of Homeland Security—to start the application for employment-based immigration.

A certificate from the Department of Labor (DOL) must state that there are no American workers, either citizens or residents, who are capable of performing the job. The government is seeking to ensure that the admission of foreign workers to the U.S. will not adversely affect the job opportunities, wages, and working conditions of American men and women.

To prove that a foreign worker is necessary for the job, the company must undergo a recruitment process that involves advertising the job opening in multiple media outlets within the area of intended employment. There are specific guidelines for this “recruitment period” that must be followed, including timelines. Our law firm can help employers seeking a PERM labor certification.

Summary of Employment-Based Visas

Each of the five main categories is broken up into subcategories describing the types of occupations that qualify for that area. When you work with an employment EB-5 Lawyer at George & Marzialo, we can help you determine what category you fall into and assist with each step of the application process.

Employment First Preference (EB-1) – Priority Worker and Persons of Extraordinary Ability

The Employment First Preference category, or E.B.-1, is for “priority workers” and is entitled to 28.6% of the yearly worldwide supply of employment based immigration visas. All priority workers must be the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Workers, which must be filed with the USCIS.

There are 3 sub-groups within the EB-1 pathway, each with its unique requirements regarding documentary evidence, who can apply, and many other factors.

Persons of Extraordinary Ability

Persons of extraordinary ability work in the sciences, art, education, athletics, or business. Applicants within this subgroup must have extensive documentation and evidence to exhibit sustained national or international acclaim or recognition in their field of expertise.

It is worth noting that applicants under the persons of extraordinary category do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Petitioners in this category can file their own petitions with the USCIS rather than through an employer.

Outstanding Professors and Researchers

Professors or researchers who can prove at least three years of experience in teaching or research may be eligible if they are recognized internationally. There is no labor certification required for this classification. However, their prospective employer must file a job offer and petition with the USCIS to initiate the process.

Certain Executives and Managers

If you are an executive or manager, you could be eligible for this type of EB-1 immigrant visa if you have been employed for a minimum of one of the three preceding years by the overseas affiliate, subsidiary, parent, or branch of a U.S. employer. You must be coming to the United States to work in an executive or managerial capacity. This classification does not require a labor certification, although your prospective employer must provide a job offer and file a petition with the USCIS.

The Definition of “Special Ability” May Vary

8 USC 1153 clarifies that the definition of a “special ability” may vary. It states that whether an immigrant has a special ability is not determined solely by a degree, a license to practice, or a certification for an occupation or profession. These items alone are not deemed sufficient evidence of exceptional ability.

Individuals with advanced degrees and successful careers may still have to present more evidence to prove their special ability. The type of evidence needed can depend on the circumstances of each case.

When submitting your application, it will be helpful to provide information that includes your level of expertise in your field and the accomplishments associated with your career progress. Employer feedback and letters can sometimes help, as can proof of your prior and current employment to demonstrate upward mobility in your career.

Employment Second Preference (EB-2) – Professionals Holding Advanced Degrees and Persons of Exceptional Ability

EB-2 visas are for professionals who hold advanced degrees. Additionally, persons of exceptional ability in the arts, business, or science also fall under this categorization. The EB-2 category is allotted 28.6% of the annual worldwide supply for employment-based visas, in addition to any unused EB-1 visas.

All applicants through the EB-2 category are required to have the following:

A labor certification approved by the DOL, or,
Schedule A designation, or,
Establish that they qualify for one of the shortage occupations designated in the Labor Market Information Pilot Program.

For an EB-2 applicant, a job offer is required, and the U.S. employer must file a petition on behalf of the applicant. However, aliens can apply for exemption from the job offer and labor certification when the exemption is in the national interest. In such instances, the foreign worker may file the I-140 petition alongside evidence of the national interest.

While you might not know what evidence to include to demonstrate national interest, an experienced employment based EB-5 Lawyer does. We will help you put together the strongest possible petition supported by the evidence you need—and in the format the government will approve—to help you achieve all your employment-based immigrant visa goals.

There are two subgroups within the EB-2 category:

Professionals with an advanced degree that is beyond a bachelor’s degree, or professionals with a bachelor’s degree and a minimum of five years of progressive experience in the profession.
Individuals with exceptional ability in the sciences, arts, or business, with exceptional ability defined as having a degree of expertise that is substantially above what is normally encountered in that particular field.

Remember there is the potential for you to apply for the EB-2 National Interest Waiver (NIW), which allows the holder to bypass PERM Labor Certification as well as job offer requirements. This means that applicants can self-petition to take advantage of the NIW. To do so, an applicant must demonstrate that their work is beneficial enough and that it would be in the nation’s best interest for the USCIS to waive the job offer and PERM requirements.

Working with an EB-2 immigrant visa Lawyer from George & Marzialo will help you determine which subgroup will grant you the greatest chances of success in your petition.

Employment Third Preference (EB-3) – Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

The EB-3 immigrant visa preference category is open to skilled workers and professionals with bachelor’s degrees and other workers. EB-3 visas receive 28.6% of the annual worldwide visa supply, in addition to any unused Employment First and Second Preference (EB-1 and EB-2) visas.

To apply for an EB-3, all applicants:

Are required to have an approved I-140 petition filed by their prospective employer,
Are required to have a labor certification,
Are required to have a Schedule-A designation, or,
Must provide evidence that they qualify for one of the shortage occupations defined in the Labor Market Information Pilot Program.

There are 3 subgroups in the EB-3 category:

Professionals who hold a bachelor’s degree and are members of a profession that requires a minimum of this level of education to perform.
Skilled workers who are capable of performing a job that requires at least two years of training or experience to perform.
Other workers: persons capable of filling positions that require less than two years of training or experience.

Employment Fourth Preference (EB-4) – Certain Special Immigrants

Each year, a certain percentage of the yearly worldwide visa supply is allotted to special immigrants under the EB-4 immigrant visa classification. These applicants must be the beneficiaries of an approved Form I-360, Petition for Special Immigrant. U.S. government employees must instead use Form DS-1884.

In addition, certain spouses and children can accompany or follow to join the principal special immigrant in receipt of the EB-4.

The following types of special immigrants are covered under immigrant law and may petition:

A religious minister,
Some employees or former employees of U.S. companies, who are currently located abroad,
Broadcasters in the U.S. under the employment of the International Broadcasting Bureau of the Broadcasting Board of Governors, or a grantee of a similar organization,
Some former employees of the Panama Canal Company or Canal Zone Government,
An employee of the Mission in Hong Kong, and
Certain prior employees of the U.S. government in the Panama Canal Zone.

Iraqi or Afghan interpreters and/or translators who worked directly with the U.S. armed forces or under a Chief of Mission authority for at least 12 months and meet other requirements may also be eligible.

There is an annual limitation of 500 visas for this group.

To determine if you qualify for one of the EB-4 immigrant visa subcategories, reach out to an employment-based visa lawyer from George & Marzialo for guidance on the best immigration strategy.

Employment Fifth Preference (EB-5) – Immigrant Investors

The EB-5 preference category is for immigrant investors and receives the remaining 7.1% of the yearly worldwide supply of employment-based visas. All EB-5 applicants are required to file a Form I-526 Immigrant Petition by Alien Entrepreneur with the USCIS. To qualify for an EB-5 visa, a foreign applicant must invest at least $800,000 if their commercial enterprise is located in a targeted employment area designated by the USCIS. Investors in enterprises outside targeted employment areas must invest at least $1,050,000.

The investment made by the EB-5 applicant must be made into a commercial enterprise in the U.S. that creates a minimum of 10 new full-time jobs for U.S. citizens or permanent residents. The investor and their family do not count towards the 10 jobs that must be created.

George & Marzialo offers assistance with all types of employment based visas but has a special focus on EB-5 immigration. Our Lawyers have a deep understanding of the requirements of the EB-5 program and the many complexities that can arise during an EB-5 application. We work closely with clients to ensure that their applications are complete, accurate, and meet all the relevant requirements. From selecting a suitable investment opportunity and preparing the necessary immigration forms and documentation, to navigating the complexities of the process, our firm is looking out for you and your immigration success.

Connect with an Employment-Based EB-5 Lawyer

To identify the appropriate employment-based petition to file, and to ensure that your application has sufficient evidence and supporting information, consider working with an employment-based EB-5 Lawyer. While this might be your first time approaching the process, your immigration Lawyer from George & Marzialo has helped hundreds of clients achieve their employment-based goals in the United States.

To explore options on how we can help, contact George & Marzialo.