The United States permits 140,000 people to become permanent residents through employment-based (EB) preference categories each year. Depending on the preference category and the nationality of the beneficiary of the employment-based petition, the process of obtaining a green card can take anywhere from a few months to more than a decade.
Typically, a company that wants to employ a foreign national on permanent basis in the U.S. must first obtain an approved PERM application from the U.S. Department of Labor. Obtaining this approved labor certification requires that the company conduct recruitment for the position in strict accordance with federal regulations, a process that is very complex and not always logical. It is extremely important to have a skilled attorney fluent in the PERM/Labor Certification process. Attorney Andrew Wood has assisted many companies through this process, and is poised to help your company navigate this complicated process.
- The EB-1 preference category consists of individuals of extraordinary ability, outstanding professors and researchers, and executives and managers of multinational employers.
- The EB-2 preference category consists of individuals of exceptional ability and people whose jobs require an advanced degree. Most EB-2 petitions require the employer to obtain an approved PERM application from the U.S. Department of Labor before sponsoring the prospective worker for permanent residence. Others, including individuals whose work serves our nation’s best interest, can have the requirement to test the labor market waived, and do not have to undergo the PERM process.
- The EB-3 preference category consists of professionals, skilled workers, and unskilled workers. EB-3 petitions require the employer to obtain an approved PERM application from the U.S. Department of Labor before sponsoring the prospective worker for permanent residence.
- The EB-4 preference category consists of religious workers and other special immigrants.
- The EB-5 preference category consists of individuals who invest $1 million in a commercial enterprise and create 10 jobs for U.S. workers. If the commercial enterprise is in a rural area, or an area of high unemployment, the requisite investment is reduced to $500,000.
The Law Offices of Andrew Wood assists companies and individuals to apply for permanent residence under the various employment-based preference categories. Contact our office to schedule a consultation to decide which type of employment-based petition is right for you.