Employment-based Permanent Residency

Priority EB1, EB2, EB3, EB4

The business immigration attorneys at CML specialize in labor certification / PERM applications for professionals and specialized personnel in all fields, leading to immigrant visa status.

We also prepare immigrant visa petitions for qualified individuals based on “extraordinary ability”, as well as immigrant petitions for intra-company executive/manager transferees, and national interest waiver cases. We assist hospitals with immigrant visa processing for health care workers, Schedule A nurses, and doctors and represent artists and religious workers in the permanent residency (LPR or “greencard”) process.

PERM Labor Certification: EB2 and EB3

 

PERM labor certification is the most commonly utilized process for U.S. employment-based permanent residency. Skilled workers and professionals may be eligible to apply for LPR status if the employer first obtains labor certification illustrating that no qualified US worker can be found to fill the position.

  • Employer conducts appropriate recruitment effort for the position.

  • The application must be certified by the U.S. Department of Labor.

  • Following certification by the Department of Labor, the employer must file for an immigrant visa with the US Citizenship and Immigration Service, and when a visa number is available, the foreign national and his or her family may apply for U.S. permanent residency.

Extraordinary Ability: EB1(1)

 

EB1(1) may be used by persons with extraordinary ability in the sciences, arts, education, business or athletics who can demonstrate the following:

  • National or international acclaim

  • Achievements that have been recognized in the field through extensive documentation

  • Work will benefit prospectively the United States

  • Receipt of awards, academic or professional publications, or original contributions of major significance to their field

This category does not require a specific employer, however the individual must demonstrate an intent to continue working in the area of extraordinary ability. This category is exempt from PERM labor certification.

Outstanding Researchers: EB1(2)

 

Outstanding Professors or Researchers who are recognized internationally as outstanding in a specific academic area may be immediately eligible to apply for a U.S. immigrant visa.

  • At least three years of experience in teaching or research in the academic area

  • An offer of qualified employment

  • Evidence of international recognition including documentation of awards, authorship of scholarly articles, and evidence of original scientific research

This category is exempt from PERM labor certification.

Multinational Managers and Executives: EB1(3)

 

This category is for individuals whose exceptional ability in the sciences, art or business may substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

  • Individual with an advanced degree

  • Offer of qualified employment

  • Expertise is significantly above that ordinarily encountered

In the national interest, the requirement of PERM labor certification is waived for this category.

National Interest Waiver: EB2

 

  • This category is intended for those individuals who have risen to the top of their field and have received sustained national or international acclaim for their accomplishments.

  • The individual must be able to document that he/she meets the specific criteria which include receipt of awards, authorship of scholarly articles, or evidence of employment in an organization with a distinguished reputation.

  • The applicant must have an offer of employment related to their field.

Religious Worker: EB4

 

This category is for a religious worker who, for at least two years preceding application, has been a member of a religious denomination having a bona fide nonprofit religious organization in the U.S. The religious worker must be a minister or working in a religious vocation or occupation.