Employment-Based Immigrant Visa Petitions & Labor Certification

Certain types of workers can remain in the U.S. permanently on an employment-based visa, provided they meet certain requirements. The most common types of employment-based immigrant visa petitions are the EB-1 visa for workers with extraordinary ability, outstanding professors and researchers, or multinational executives and managers, the EB-2 visa for persons of exceptional ability in the sciences, arts, or business, and the EB-3 visa for professional, skilled, or unskilled workers. The Philadelphia immigration lawyers at the Law Offices of Tahir Mella, P.C. are experienced in handling all types of employment-based immigrant visa petitions, including EB-1, EB-2 and EB-3 categories.

EB-1: First Preference

Unlike the other employment-based visa categories, EB-1 visas do not require employers to obtain an approved labor certification on the worker’s behalf. This employment-based first preference visa is reserved for priority workers who fall into one of the following three categories:

  • Workers of extraordinary ability: Foreign nationals who have extraordinary abilities in the fields of science, art, education, business, or athletics may qualify for an EB-1 visa. The worker’s achievements must be publicly recognized and garner sustained national or international acclaim. No job offer from a U.S. employer is necessary if the worker continues working in their field of expertise once they are in the U.S.
  • Outstanding professors and researchers: Foreign nationals with an international reputation for being outstanding in an academic field may qualify for a green card if they receive an offer of work from a U.S. employer.
  • Multinational executives and managers: Foreign nationals who plan to take a managerial or executive position within a company they worked at for at least one out of the last three years may be eligible for this type of priority visa.

EB-2: Second Preference

The employer who extended the job offer to the foreign national must submit an approved labor certification from the Department of Labor, along with the applicant’s EB-2 second preference visa application. The approved labor certification confirms that the employer attempted to fill the job with a qualified U.S. worker to no avail. In addition, applicants for the EB-2 visa must meet one of the following three requirements to qualify for this employment-based second preference visa.

  • Advanced degree: Foreign nationals must apply for a job that requires the type of advanced degree they possess. They must also have five years of progressive post-graduate experience in the field.
  • Exceptional ability: To qualify for this type of visa, foreign nationals will have to meet at least three of seven criteria, including presenting an official academic record as proof of having earned their degree, a license to practice in their profession and membership in a professional association. They must also show exceptional ability in the sciences, arts, or business.
  • National interest waiver: Foreign nationals who can show their work has substantial intrinsic merit and that it is in the interest of the U.S. for the labor certification requirement to be waived may qualify for a national interest waiver if they can also meet three of the seven criteria required for the exceptional ability visa.

EB-3: Third Preference

EB-3 visa applications must be accompanied by a labor certification and proof that the foreign national has a permanent, full-time job offer from a U.S. employer. Each year, only 40,000 total EB-3 visas are granted to three different types of workers:

Professional workers: Examples of professional workers include architects, lawyers, teachers, physicians, and engineers. This category includes workers who are working in their field of expertise who have less than five years of work experience.

Skilled workers: This category encompasses workers who have at least two years of training or experience, such as computer technicians, chefs, journalists, and fashion designers.

Unskilled workers: Workers who do not qualify as a professional or skilled worker may be able to obtain an EB-3 visa as an unskilled worker. These occupations require less than two years of training or experience, such as housekeepers, nannies, janitors, and farm workers.

Philadelphia Immigration Lawyers at the Law Offices of Tahir Mella, P.C. Help Workers Obtain Employment-Based Immigrant Visas

Filing an employment-based immigrant visa petition can be a lengthy and complicated process. An experienced Philadelphia immigration lawyer at the Law Offices of Tahir Mella, P.C. can help you file for the proper category based on your unique circumstances. From our office in Philadelphia, we represent clients throughout Pennsylvania and New Jersey. To discuss your case, call us at 215-496-0690 or contact us online.