Immigrant Visas – Employment-Based
PERM Labor Certification
A PERM labor certification application is an employer’s application for a Certification from the U.S. Department of Labor (“DOL”) that there is no qualified or willing American worker available for a particular position, in a particular geographic area, at a prevailing wage. The process includes the preparation and execution of a PERM case strategy, substantive analysis of the degree and experience requirements and foreign national’s credentials, obtaining a job classification from DOL, and going through good-faith recruitment for the position. Haight Law Group handles every PERM application with meticulous attention to detail in order to satisfy the stringent DOL requirements.
Employment-Based First Preference (EB-1)
Extraordinary Ability Alien in Arts, Education, Business, Science or Athletics (EB-1-1)
Extraordinary Ability immigrant visa petitions must demonstrate that a foreign national is one of that small percentage who has risen to the very top of the field of endeavor. Evidence must show that the individual has received sustained national or international acclaim and that their achievements are recognized in the field of expertise. Haight Law Group has obtained approval of EB-1-1 cases in a wide variety of fields.
Outstanding Researcher/ Professor (EB-1-2)
To qualify for an Outstanding Researcher immigrant visa, a foreign national must be outstanding in the academic field, and their accomplishments must be recognized internationally. The individual must demonstrate at least three years of teaching and/or research experience in the academic field. Haight Law Group has obtained approval of EB-1-2 cases for companies in numerous areas of research.
Multinational Manager (EB-1-3)
The Multinational Manager immigrant visa category allows U.S. companies with foreign operations to transfer eligible foreign national executives and managers to the U.S. on a permanent basis. Haight Law Group has extensive experience handling successful EB‑1‑3 cases for multinational companies.
Employment-Based Second Preference (EB-2)
Advanced Degree Holder
To qualify as an Advanced Degree Holder, the individual must be coming to the U.S. to work in a position that requires at least a Master’s degree in a relevant field, or a Bachelor’s degree and five years of experience, and the individual must meet the requirements for that position. A PERM labor certification must typically be approved prior to this petition being filed.
An Exceptional Ability immigrant visa petition requires proof that the position requires, and the employee has, exceptional ability in the field of endeavor. An Exceptional Ability immigrant petition must include DOL Certification of a PERM labor certification unless a Schedule A, Group II case is concurrently filed with the Exceptional Ability petition.
National Interest Waiver
The National Interest Waiver visa petition is available for advanced degree professionals or exceptional ability foreign nationals where the beneficiary’s proposed endeavor in the U.S. has both substantial merit and is of national importance, the beneficiary is well-positioned to advance the proposed endeavor, and on balance, and it would be beneficial to the United States to waive the requirement of a PERM labor certification.
Schedule A, Group II
A Schedule A, Group II application may be filed on behalf of a professional holding an advanced degree or an alien of exceptional ability, who also holds widespread acclaim and international recognition in the field of endeavor. Haight Law Group is one of only a few immigration law firms with extensive experience in Schedule A, Group II cases.
Employment-Based Third Preference (EB-3)
A Skilled Worker or Professional immigrant visa petition is filed on behalf of a foreign national who will be working in a position that requires a Bachelor’s degree in a relevant field or at least two years of experience, and the prospective employee meets the stated requirements for that position. The PERM labor certification process must be completed and approved in order for this petition to be filed.
The EB-3 Other Workers category is available for eligible unskilled workers with less than two years of training or experience. The PERM labor certification process must be completed and approved in order for this petition to be filed.