PERM Labor Certification

Lawful permanent residence is an “immigrant” status (not a U.S. citizenship). This status entitles the applicant to live and work in the United States permanently. Obtaining permanent residence through employment sponsorship involves going through the following three phases:

Extraordinary Ability (EB-1)

Extraordinary ability is a level of expertise that places the applicant among “the small percentage of individuals who have risen to the very top of their field of endeavor”. Generally, this means that the applicant must demonstrate that he/she is among the top 5% of experts within their field. This immigrant category is not subject to a labor certification requirement prior to filing for the adjustment of status. According to the Immigration and Nationality Act (“INA”) §203(b)(1)(A) a person with extraordinary ability is someone who:

Professors & Researchers (EB-1)

Any qualified candidate who can meet the legal requirements outlined below can expeditiously immigrate to the U.S. by filing his immigrant petition directly with USCIS. In other words, in these cases a prospective employer is not required to file a labor certification and prove a lack of qualified U.S. workers. However, a job offer by a U.S. employer is required and the applicant (“professor or researcher”) must be outstanding in an academic field.

Managers & Executives (EB-1)

An executive or a manager who meets the legal requirements of the Immigration and Nationality Act (“INA”) §203(b)(1)(C) can immigrate to the U.S. expeditiously, without having to file a labor certification. In other words, neither the beneficiary nor his employer needs to prove a lack of qualified U.S. workers to the State Workforce Agency or the Department of Labor before the beneficiary is permitted to file his/her adjustment of status application for permanent residency in the U.S.

Adjustment of Status

Adjustment of status is the process used by a foreign national who is physically present in the United States to become a lawful permanent resident (“LPR”). Adjustment of status (“AOS”) is an alternative to obtaining an immigrant visa through a U.S. consulate abroad, a process known as consular processing. Depending on the backlog at USCIS service centers, adjustment of status may be preferred by foreign nationals over consular processing because (1) it avoids the expense and inconvenience of travel back to the home country, (2) AOS applicants, including immediate family members, are entitled to employment authorization and permission to travel while the AOS application is pending, (3) employment-based AOS applicants receive job mobility benefits provided under recent legislation, and (4) there are more options for reconsideration of an unfavorable decision by USCIS.

Consular Processing

This section deals with a foreign national’s ability to obtain immigrant and nonimmigrant visas at U.S. consular posts abroad. In order to avoid potential problems or delays associated with the issuance of a visa, one should be familiar with the relevant sections of the Immigration and Nationality Act (INA), the regulations of USCIS and Department of State (DOS), the DOS Foreign Affairs Manual, and the most recent cables from the DOS Visa Office and the specific consulate’s internal policies and procedures. An experienced immigration attorney can assist you with these rules.

Immigrant Investors EB-5

U.S. residency based on employment creation

EB5 – stands for employment based 5th preference immigrant visa category. This visa category is allocated to foreign investors with the Congressional intention to stimulate U.S. economy. Program EB-5 represents a unique opportunity for foreign investors (“FN”) to U.S. permanent residency (“green cards”) with minimum requirements and restrictions in comparison to other types of visas.

Experienced Attorneys Supporting Immigration Services

If you’re looking for a way to connect with a law firm, scheduling a call may be the best option for you. You can talk to a representative about your specific legal needs, and you can get an idea of what the process of hiring a lawyer might look like. Plus, by scheduling a call, you can avoid any potential surprises or delays in the process.