EB 5 Attorneys Specializing in Employment Visas

The five employment based preference categories serve different worker profiles. EB 1 covers priority workers: persons of extraordinary ability, outstanding professors and researchers, and multinational managers or executives. EB 1 does not require labor certification and generally has shorter wait times except for applicants born in India and China. EB 2 covers professionals with advanced degrees or persons of exceptional ability, and includes the National Interest Waiver (NIW) pathway that allows self petitioning without employer sponsorship. EB 3 covers skilled workers (requiring at least two years of training), professionals with bachelor's degrees, and other workers. EB 4 covers special immigrants, including religious workers and certain international organization employees. EB 5 is the investor visa category. Most EB 2 and EB 3 cases require PERM labor certification before the immigrant petition can be filed.

PERM (Program Electronic Review Management) labor certification is a Department of Labor process that requires the employer to demonstrate that no qualified U.S. worker is available for the position at the prevailing wage. The employer must conduct a prescribed recruitment campaign, including job orders, newspaper advertisements, and additional recruitment steps for professional positions. If no qualified U.S. worker applies, the employer files ETA Form 9089 electronically with the DOL. PERM processing times vary; the DOL may also select cases for audit, which adds months to the timeline. Errors in the PERM application, the recruitment process, or the job description can result in denial or audit. An attorney ensures the job requirements, recruitment steps, and filing documentation all comply with DOL regulations.

After PERM certification (for EB 2 and EB 3 cases), the employer files Form I 140 (Immigrant Petition for Alien Workers) with USCIS. The I 140 establishes the worker's qualifications and the employer's ability to pay the offered wage. The filing date of the I 140 becomes the priority date, which determines the worker's place in the visa queue. Visa availability depends on the preference category and the applicant's country of chargeability (usually country of birth). For applicants born in India, EB 2 and EB 3 backlogs can extend many years. The monthly Visa Bulletin published by the Department of State shows current priority date cutoffs. When a priority date becomes current, the applicant can file for adjustment of status (I 485) or proceed through consular processing.