Stephen Yurik Law

Phone: 614.228.6885 Two Miranova Place, Suite 500, Columbus, OH 43215

Immigration and Visa Law

Employment-Based Immigrant Visas

A green card or permanent residency in the United States can be obtained based on employment.   Some of the employment based visa categories are listed below:

First Preference Priority Workers (EB-1)

EB-1 workers include foreign nationals of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.  Neither a job offer nor a labor certification is required, and visas are currently available to foreign nationals from all countries.  However, an applicant needs to have truly impressive credentials in order to qualify in either the extraordinary ability or outstanding professor subcategory.

  • Extraordinary Ability Status
    • Receipt of a major international award such as a Nobel or Pulitzer prize; or
    • Sustained recognition on a national or international level
  • Outstanding Professors or Researchers
    • International recognition as an outstanding professor or researcher
    • A minimum of three years of experience in teaching and / or research
    • A tenure track research position at a university or a comparable research position with a private employer
  • Multinational Executives or Managers
    • Employed outside the United States for at lease one of the last three years in a managerial or executive capacity
    • Employment was with the same employer, a subsidiary or an affiliate.
    • The employer has been doing business in the U.S. for at least one year.

Second Preference Priority Workers (EB-2)

EB-2 workers include members of the professions holding advanced degrees and workers of exceptional ability in the sciences, arts or business.  As a general rule, EB-2 petitions must be accompanied by an approved labor certification.  Labor certification is a determination by the Department of Labor that there are no U.S. workers able, willing, qualified, and available for the position and that the employment of the foreign national will not adversely impact the wages and working conditions of U.S. workers.

  • Professionals holding advanced degrees
    • Any degree beyond a baccalaureate is an advanced degree
    • A baccalaureate plus five years of progressive experience can substitute for a Master’s degree
  • Workers of Exceptional Ability
    • Must have expertise significantly above the ordinary

Third Preference Workers (EB-3)

EB-3 workers include skilled workers in positions that require a minimum of two years of education, training or experience; professionals with a baccalaureate or foreign degree equivalent, and other workers whose positions require less than two years education, training or experience.  Labor certification is required for workers in this category.  Also, waiting periods for visas to become available can be substantial. 

PERM

Some employment-based applications require a process called Program Review Electronic Management (PERM). This is a procedure by which the U.S. Department of Labor (DOL) certifies there is a lack of U.S. workers who are able, willing, qualified and available, after specific recruitment efforts for American workers are undertaken by the employer. Only after a labor shortage is certified by DOL can an application for an immigrant visa be filed. PERM processing is required for most workers that fall into the EB-2 category and for all of those in the EB-3 category.

Click here for the Non-Immigrant Visas.

You can learn more about obtaining a non-immigrant visa to the U.S. by contacting us today to schedule a free consultation.