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Employment-Based Immigration – Immigration Lawyer New York
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Employment-Based Immigration


Employment Based Immigration / Work Visa


EB1 Priority Workers 


Priority Workers consist of persons of extraordinary ability  in the sciences, arts, education, business , or athletics ; outstanding professors and researchers; and certain multinational executives and managers .



EB2 Exceptional Ability


EB2 includes professionals holding advanced degrees or persons of exceptional ability in the sciences, arts, or business. Unless waived by the Attorney General, the EB2 candidate must have a job offer and the employer must obtain certification from the US Department of Labor that there are insufficient qualified and available US workers for the job offer.



EB3 Labor Certification


A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.


To improve the operations of the permanent labor certification program, ETA published a final regulation on December 27, 2004, which required the implementation of a new re-engineered permanent labor certification program by March 28, 2005. This new electronic program has improved services to our various stakeholders.


As of March 28, 2005, ETA Form 750 applications were no longer accepted under the regulation in effect prior to March 28, 2005, and instead new ETA Form 9089 applications had to be filed under PERM at the appropriate National Processing Center. Applications filed under the regulation in effect prior to March 28, 2005, have continued to be processed at the appropriate Backlog Elimination Center under the rule in effect at the time of filing. Only if an employer chose to withdraw an earlier application and refile the application for the identical job opportunity under the refile provisions of PERM was a previously filed ETA Form 750 application filing date considered under the PERM regulation.


The DOL processes Applications for Permanent Employment Certification, ETA Form 9089. The date the labor certification application is filed is known as the filing date and is used by USCIS and the Department of State as the priority date. After the labor certification application is approved by the DOL, it should be submitted to the USCIS service center with a From I-140, Immigrant Petition for Alien Worker. You may access the State Department Visa Bulletin to learn which priority dates are currently being processed.



EB4 Religious Workers & Former Employees of US Government


EB4 is comprised of religious workers and former employees of the US government and international organizations.



EB-5 Investment Visa Program 


The EB-5 Investment Visa Program allows you to live permanently in the United States. For foreign investors seeking the freedom and flexibility to live and work in the United States, the EB-5 Visa Program provides an excellent opportunity to obtain permanent residency status, commonly referred to obtaining a "green card".


A green card provides permanent residency for the applicant, his or her spouse and any offspring under the age of 21. The EB5 investment visa route to a green card avoids the usual requirement of having family connections, securing a job or running an actively traded business.


The Immigrant Investor Pilot Program was created in October 6, 1992, as a result of a government mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. The EB-5 visa was thus created to encourage foreign investment in the U.S.


The newly reformed and reinvigorated "Regional Center" EB-5 Pilot Program is now an exciting new possibility for investors interested in obtaining permanent residence for themselves and their immediate families. By investing $500,000 in a U.S. government approved business fund that will create jobs in certain sectors, you can obtain a "green card" for yourself, your spouse, and any children under 21 without ever having to buy or manage a business in the U.S. You may live anywhere in the U.S. you choose. If the visa is not approved, your money is returned to you. If the visa is approved, most centers offer a 5 year exit strategy for your money. You and your family will be eligible for U.S. citizenship after five years.


The EB-5 visa program has an annual maximum of 10,000 visas issued per year.  3000 of these visas are reserved for the Regional Center Pilot Program.


Typically, the requirements are as follows:

1. Invest US $500,000 in a USCIS approved "Designated Regional Center";
2. The investor must have a minimal policy-making role (the limited partnership role offered by most Regional Centers will qualify); and
3. The investment must directly or indirectly create 10 U.S. jobs.


The investor must document that the capital invested has been legally obtained. The investor must submit, among other things, tax returns or equivalent documentation to show that the investor has sufficient lawful sources for the capital invested. Gifts, as a source of the capital are acceptable. Loans in some circumstances may also be acceptable.


Michael H. Markovitch, Esq. has thirty-five years of experience in business-related immigration cases.  Please feel free to contact Michael H. Markovitch, Esq. for any additional questions you may have regarding the EB-5 Visa Program or other related immigration matters.


View more about Obtaining a Green Card Through Investment – The EB-5 Program
View more about What to Consider When Selecting a Regional Center – The EB-5 Program