Lawyers for Permanent Employment Visas

Member of the American Immigration Lawyers Association (AILA)

• Does your company seek to employ an educated foreign national?
• Does your company currently employ foreign nationals on L or H-1B visas? Do you want to help these people obtain permanent employment visas and ensure their ability to work for you indefinitely as a permanent resident?
• Are you a foreign national present in the U.S. on a valid H-1B visa or L visa and want to obtain permanent residence?
• Are you a foreign national who is a "worker of extraordinary ability"?
• Are you a foreign national who is an "outstanding professor and/or researcher"?
• Are you a foreign national who holds an advanced degree beyond a bachelor's degree?

At the law firm of Philip Eichorn Co., LPA, our immigration attorneys are experienced in filing labor certification cases through PERM (Program Electronic Review Management) and assisting U.S. companies and foreign nationals obtain permanent employment visas (EB visas). We represent several Fortune 1000 companies throughout the United States.

Dedicated, Experienced, Client-Focused
E-mail or Call 216-298-1191 Today · Initial Attorney Consultation

With strategically placed offices in Cleveland, Columbus, Charlotte, and Raleigh, we are capable of responding to and quickly resolving complex labor certification issues in Ohio, North Carolina, and nationwide. We assist both employers and immigrants in employment-based immigration matters, including permanent employment visas and temporary work visas.

Types of Permanent Employment Visas

The five main types of permanent visas based on employment are:

• EB-1 visas for "priority workers": These include (a) foreign nationals with "extraordinary ability in sciences, arts, education, business or athletics"; (b) foreign nationals who are "outstanding professors or researchers"; and (c) foreign nationals working as managers or executives for U.S. companies
• EB-2 visas for professional employees holding advanced degrees or for people with "exceptional ability in sciences, arts or business" (often, workers who qualify for EB-2 visas come to the U.S. with H1-B temporary work visas, allowing them to work while they attempt to qualify under the EB-2 quota system). Most EB-2 applicants must have a job offer and petitioning U.S. employer to complete the process. However, if the foreign national can show his or her skills are in the national interest, the job offer and labor certification requirement can be waived.
• EB-3 visas for skilled workers and professionals who do not qualify for other permanent employment visas
• EB-4 visas for specific types of immigrants such as religious workers, commuters, current or former U.S. government employees and returning residents
• EB-5 visas or Employment Creation Investors are for foreign nationals who wish to invest in a new business that will create employment for at least ten individuals. The foreign national must invest at least $500,000 in "targeted employment areas (rural or highly unemployed) or $1,000,000 in other areas.

The Process for Obtaining Permanent U.S. Residency Based on Employment

The process for obtaining permanent residence based on employment is comprised of three phases: the labor certification (now known as PERM), the immigrant petition and the application for adjustment of status.

PERM Labor Certification: A foreign national cannot be admitted as a permanent resident unless, among other qualifications, the employer obtains this labor certification from the U.S. Department of Labor (USDOL). The labor certification requirement can be waived for certain foreign nationals such as people who qualify for EB-1 visas. Labor certifications are statements from the Department of Labor that a particular job at a particular U.S. employer is "available" because no U.S. citizen or permanent resident workers are qualified, willing and able to accept the recruited for position.

Exceptions to the Labor Certification Process

Exceptions to the labor certification process exist for aliens in occupations experiencing shortages of workers such as registered nurses, physical therapists and sheepherders. In addition to these exceptions, aliens demonstrating that they possess "extraordinary ability" in business, science and arts, aliens who are multinational executives or managers, aliens whose work is deemed in the "national interest" and aliens who are outstanding university level teachers and researchers in tenure-track jobs can be excepted from the labor certification process.

If the foreign national is present in the U.S. during the processing of the labor certification or applying to USCIS, he/she must maintain valid immigration status. This is a critical component of the process and one that is often overlooked. The foreign national must be in a nonimmigrant status that permits dual intent, such as H-1B and L visa. Extensions of these visas must be applied for and received to ensure compliance.

In all employment visa matters (whether for permanent or temporary residence) it is easy to make mistakes. Working with an experienced immigration law firm can help you avoid unnecessary delays and pitfalls when applying for a permanent employment visa. If you want to apply for permanent resident status with the confidence that you have complied with all regulations and requirements, please call 216-298-1191 or e-mail Philip Eichorn Co., LPA.