The Immigration and Nationality Act (INA) provides for five different ways to immigrate to the US and obtain legal permanent residency (more popularly known as the "green card" even though it is no longer green). There is an annual overall cap of immigrant visas that is currently set at approximately 480,000 visas a year. The fiscal year begins in October and that is when a new group of immigrant visas become available so foreign nationals can obtain their green card through one or more of these five different alternatives. The US government has a mathematical formula for distributing these visas among the five groups of eligible categories. Entering the US with a green card through Employment- based immigration is one of them.

The Department of State publishes a Visa Bulletin every month that accounts for all the visas that were used in the prior month and are available for the remainder of that fiscal year for all five categories. It provides an explanation of how it accounts for all the visas. There are five preferences for Employment-sponsored visas: Priority Workers (EB 1); Advanced Degree or Foreign nationals of Exceptional Ability (EB 2); Professionals, Skilled Workers, and Other Workers (EB 3); Special Immigrants (EB 4); Investors (EB 5).

What are EB-2s?

EB-2 is the second preference category requiring an advanced degree or foreign nationals of exceptional ability in the sciences, arts, or business, whose immigration to the United States will substantially benefit the national economy, cultural, educational interests, or welfare. A job offer from an employer in the sciences, arts, professions, or business is required. Please note that the position must require an advanced degree. Stated differently, it does not matter that the alien has an advanced degree if the position does not require it.

What are EB-3s?

EB 3 is the third preference category. It includes members of the profession (bachelor's degree), skilled workers (two years of training or work experience), and other workers (less than two years of training or work experience).

By filing a PERM (Labor Cert) an employer is attesting among other things that: #1) it could not locate sufficient, permanent U.S. worker(s) (including Legal Permanent Residents, US Citizens, Asylees, and Refugees, among others) able, willing and qualified at the time and place needed. #2) the proposed employment will not adversely affect wages and working conditions of U.S. workers.

How can we help you?

We will assist you in ensuring that you are applying for a green card under the correct employment preference. We will also advise you regarding your job offer and help you comply with a myriad of applicable regulations. We will also provide guidance to help you obtain the supporting documentation you will need to prove that you complied with regulatory requirements. We will prepare and file all documentation necessary to properly submit your case before the correct U.S. government agency in each step of the process.