All About EB Perm

EB-1 Visa – Priority Workers

The EB-1 category is targeted to individuals classified as “priority workers”. This program grants them preference in acquiring a green card. The EB-1 visa is granted to individuals who have proven extraordinary skills in their field. Workers who qualify for an EB-1 visa have been recognized for their incredible talent. It’s efficient to retain an EB-1 worker if you want your operations to perform above the norm.

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The EB-1 visa allows workers the opportunity to work and reside in the U.S. permanently. We have three different subcategories of priority workers to discuss: Extraordinary ability: A professional with evidence of superior abilities in the science, art education, business, or athletic fields. It is important to note that the applicant should have recognizable proof of their achievements. Outstanding Professor/Researcher: A professional highly recognized for their scholarly or scientific achievements. Multinational Executives and Managers: A professional of a multinational company that plans to start operations in the United States. If you meet any of these subcategories, you have the opportunity to apply for an EB-1 visa.

The requirements for this visa vary according to the category of visa that the foreign worker wishes to apply for. According to each category, the requirements are: Extraordinary ability The foreign worker must prove that they have been acknowledged nationally or internationally for their achievements in their field of expertise. They must include evidence of a majorly recognized one-time international award or 3 of the following 10 criteria:

  • Proof that they have received lesser international or national awards or prizes for excellence
  • Proof of their membership in associations in the field that require outstanding achievement of their members
  • Proof that they’ve had material published about them in professional, major trade publications, or other media
  • Proof that they’ve been asked to judge the work of others, individually or on a panel
  • Proof that their contributions to their field of specialty are of major significance
  • Proof of their authorship of scholarly articles in professional or major trade publications
  • Proof that their work has been displayed at artistic exhibitions or showcases
  • Proof of their performance in a leading or critical role in distinguished organizations
  • Proof that they’ve been paid a high salary or other significantly high remuneration for their services
  • Proof of their commercial success in the performing arts
Outstanding Professor or Researchers The foreign worker must prove that they’re an outstanding professor or researcher by meeting 2 of the 6 listed criteria below:
  • Proof that they’ve received major prizes or awards for outstanding achievements
  • Proof of their membership in associations that require their members to  demonstrate outstanding achievements
  • Proof of published material in professional publications written by others
  • Proof of participation as a judge, either on a panel or individually, of the work of others in the same academic field
  • Proof of original scientific or scholarly research contributions in the field
  • Proof of authorship of scholarly books or articles in scholarly journals with international circulation
Multinational Executive or Manager A petitioning U.S. employer must demonstrate that the beneficiary has been employed for at least 1 year by a related organization abroad to work in a managerial or executive capacity. The U.S. employer must demonstrate that the related organization abroad:
  • Maintain a qualifying relationship
  • Are actively engaged in doing business

Extraordinary ability: Individuals can petition for themselves by filing Form I-140. People under the extraordinary ability category don’t need a PERM Labor Certification or a job offer from an American employer, which is why it’s one of the fastest methods available. Outstanding professors and researchers: The employer must fill out Form I-140. This category does not require a PERM Labor Certification, but it does require a permanent job offer from a U.S. employer. Multinational executive or manager: The employer must fill out Form I-140. The manager/executive must have been employed outside of the United States with the related foreign company for 1 year in the preceding 3 years. The applicant must have been employed in a managerial or executive role. Terra Labor is happy to assist foreign workers and employers step-by-step through the immigration process.

EB-2 Visa – Employment-Based Immigrants

The EB-2 visa targets people with outstanding talent or higher degrees. It is notable because it allows the application to get a green card, allowing them to permanently live and work in the United States. The EB-2 visa has three categories for each individual. Workers that fall under the EB-2 visa are guaranteed to be individuals that excel in their field, and they can be valuable assets to your business.

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The EB-2 visa allows workers the opportunity to work and reside in the U.S. permanently. We have three different subcategories of priority workers: Advanced degree holders: A professional with an advanced degree that is required for a specific job. It can also be a foreign equivalent of an advanced degree. These people should apply for an EB-2A visa. Exceptional ability: A professional that possesses a degree of expertise significantly above ordinary employers. These people apply for an EB-2B visa. National Interest Waiver: A professional with exceptional ability or an advanced degree that qualifies a foreign national to immigrate without a job offer. The professionals that qualify for this waiver should apply for an EB-2C visa.

The requirements for this visa vary according to the category of visa the foreign worker wishes to apply for. According to each category, the requirements are:

Advanced degree holders The foreign worker must prove that they have an advanced degree or a foreign equivalent. The applicant needs a master’s degree or a bachelor’s degree with 5 years of working experience in progressively complex roles. They must have a valid job offer from a legitimate employer in the U.S. that’s willing to sponsor their visa process. The job offer must be in the field they hold a graduate degree, and the position must be in the same industry as their prior work or education. Exceptional ability The foreign worker needs to prove that they have outstanding ability in the science, business, or art fields. They can do this by meeting 3 of the 7 listed criteria below:
  • Proof that they have an academic degree in that field
  • Proof of ten years of full-time experience in the field
  • Proof of license or certificate to practice in the field
  • Proof that they’ve received a salary that suggests exceptional ability
  • Proof of membership in a professional association
  • Proof of recognition in their field of expertise by experts
  • Proof of other comparable evidence of exceptional ability
National Interest Waiver The foreign worker must prove that they have an outstanding ability in the science, business, or art fields. They can do this by meeting 3 of the 7 listed criteria below:
  • Proof that they have an academic degree in the field
  • Proof of ten years of full-time experience in the field
  • Proof of a license or certificate to practice in the field
  • Proof that they’ve received a salary that suggests exceptional ability
  • Proof of membership in a professional association related to the field
  • Proof of recognition in their field of expertise by experts
  • Proof of their other comparable evidence of exceptional ability

The process to get an EB-2 requires filling out many forms and other paperwork, and it has small variations depending on the specifics of each case. Generally, the process can be summarized in the following steps:

  • Acquire a Permanent Labor Certification
  • Complete and submit Form I-140
  • Final green card interview (either at the U.S. consulate or with USCIS)

EB-3 Visa - Permanent Workers

If the intent is to have a permanent worker, this program provides green cards for long-term work to employees who used the H2 program. We all have those exceptional employees that became fundamental for the operation. When you find great people like this, you want to keep them permanently. The EB-3 Permanent Resident Visa is what you need to retain valued workers and maintain a steady flow of operations when no American workers are to be found.

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The EB-3 Visa allows workers the opportunity to work and reside in the U.S permanently. These workers are:
  • Skilled workers with a minimum of 2 years of training or work experience
  • Professionals that possess an equivalent or a higher educational degree than the normal requirement for the job
  • Unskilled workers with a minimum of 2 years of training or work experience
If you belong to any of the following groups mentioned above, you can have the opportunity to apply for an EB-3 visa.

The foreign worker must comply with the following:

  • Proof of a valid and permanent job offer given by a U.S employer
  • Proof that applicant is qualified to do the job and has met educational and work experience requirements
The U.S employer who is sponsoring the foreign worker requires:
  • Evidence stating that hiring a foreign worker is needed since there is no U.S worker.
  • Evidence that the U.S employer’s business is financially stable and be able to sustain and employ/sponsor a foreign worker

After defining a job opportunity, we will help you with the following steps:

  1. Submit prevailing wage requests through the Department of Labor.
  2. Tap the local U.S. market to prove we are not displacing our local job seekers.
  3. Interview and select admissible candidates who meet the job description’s requirements.
  4. Pursue Permanent Labor Certification through the Department of Labor.
  5. DOL Certification
  6. Petition for green cards from the United States Citizenship & Immigration Services.
  7. Approval from the USCIS.

EB-3 Permanent Visa Conditions

The following specific conditions must be met by the employer who files an application for the EB-3 PERM Program:

Recruitment

The employer must agree to engage in the independent, positive recruitment of U.S. workers. This means an active effort, including Sunday newspaper posts and opening a job order with the State Workforce Agency (SWA).

The wage or rate of pay must be the same for U.S. workers and EB-3 PERM workers. The hourly rate must meet the applicable prevailing hourly wage rate based on the job description. This request is sent to the U.S. Department of Labor.

Admissibility

The employer must vigilantly screen candidates for admissibility. Everyone who applies to enter the U.S. is checked to see whether he or she is inadmissible. The grounds of inadmissibility are long and complicated, but the most troublesome ones concern past crimes, immigration violations, and those likely of becoming a “public charge.” However, this doesn’t necessarily bar them from receiving a green card if the grounds of inadmissibility can be waived.

Labor Certification

In order to file for green cards, the employer must be approved for Labor Certification. This takes six to nine months for approval by the U.S. Department of Labor. Once approved, Labor Certification is valid for six months, and petitions for EB-3 Permanent Visas must be submitted during that time.

If your employee is part of the H2 program, their status will need to be adjusted to fit the EB-3 program. While their status is being adjusted, they may not leave the United States

Need Permanent Workers?

The EB program might be the right solution for your business. Terra Labor is ready to hear about your human resources needs. Let us help you find the right solution for your business. Regardless of the size of your business or how complex the necessity might be, a solution is always available. Do not hesitate to get in touch with one of our representatives.

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