EB and Labor Certification

EB-1 Priority Workers

  • Persons of Extraordinary ability¬†means a level of expertise indicating that the individual is part of that small percentage that has risen to the very top of the field of endeavor. Aliens of extraordinary ability in the arts, sciences, business, athletics, etc., are those who have demonstrated sustained national or international acclaim and whose achievements have been recognized in the field.
  • No Labor Certification/PERM is required for this category (Includes L-1A).

EB-2 Advanced Degreed Professionals or Persons of Exceptional Ability

  • Once the Labor Certification/PERM is approved can file the I-140 and I-485 concurrently to adjust status and obtain a green card.

EB-3 Skilled Workers, Professionals

  • Once the Labor Certification/PERM is approved can only file the I-140 and once approved then can file an I-485 to adjust status to obtain the green card.

Labor Certification

  • You can commence this process whether you are inside or¬†outside the U.S.
  • This process allows you to obtain a green card; and can be done at any stage (either before you get a visa, during or after your visa has expired).
  • You need an employer, however the attraction here is that you don’t need to be physically employed (either W-2 or 1099); it is all based on future employment.
  • This is a very smart way of having an employer assist you for immigration purposes but without the onus of employing you currently.