Immigrant Visas - Introduction

An immigrant visa (green card) or permanent residence status is granted to persons who are entering the United States on a permanent basis or for an indefinite period of time. This status does not confer citizenship on the recipient. The permanent resident is required to maintain his or her primary or principal residence inside the United States. A permanent resident may not live outside the US more than he or she live in the US. Many nonimmigrant visa holders adjust their status to permanent residence.

The assertion that foreigners take away jobs from US workers is clearly misplaced and unsupported by statistics and the structure of the immigration laws. The immigration laws of the US provide for various employment-based classifications, all of which have built in protections for the US labor market through the Labor Certification system. Indeed, employment-based immigration absolutely requires either a strong showing that the foreign worker is one of the best in the field or that there are no US workers available to fill the position.

The employment-based immigration categories are commonly referred to as EB1, EB2, and EB3, as follows:

• First Preference (EB1 priority workers)

• Second Preference (EB2 workers with advanced degrees or exceptional ability)

• Third Preference (EB3 professionals, skilled workers, and other workers).

• The Fifth Preference or Immigrant Investor classification has recently emerged as an important option for many foreign nationals wishing to immigrate to the US. This classification is treated by the law as an employment - based classification because it relates to employment creation by a foreign investor. We provide here, very detailed information on the issues surrounding this category.

Labor Certification

The labor certification is the means by which the Department of Labor fulfills its obligation to the American people to ensure that the immigration of a foreign national on the basis of an employment offer will not adversely affect the wages and working conditions of US workers. The process itself is awkward and outdated. There is no legitimate relationship between the Labor Certification process and the business reality inherent in the testing of a labor pool for qualified, willing, available US workers. Until this system is replaced, employers who must show that the employment of a foreign national will not adversely affect the US labor market must undergo this onerous, cumbersome and increasingly prolonged process. This places a premium on any employment-based immigrant classification that requires a labor certification.

Exemptions to individual labor certification exist. No individual labor certification is required for first preference persons of extraordinary ability (EB1) and fifth preference employment creation or investor immigrants (EB5) because no adverse labor consequence is thought to flow from these classifications. Additionally, exemption from individual labor certification may arise via a national interest waiver for certain members of the professions holding advanced degrees or foreign nationals of exceptional ability (EB2).

In conjunction with these exemptions, the Department of Labor has also pre-certified certain job categories as shortage occupations in the United States. Employment-based immigrant classification in a shortage occupation is virtually synonymous with having secured an exemption from individual labor certification. Although pre-certified occupations and exemption from individual labor certification exist, most foreign nationals who immigrate to the United States via an employment-based preference do so with an immigrant visa petition that is supported by an individual labor certification.

Permanent Residence through Labor Certification

Employment based Permanent Residence through a labor certification process is a long and often complicated process. This table outlines the typical case divided into five stages as described in the left most column. The legal fees shown in the second column from the left, may be paid by stages as shown here, or on a monthly payment plan. Legal fees are subject to change without notice. Please note that the additional costs as represented in the table below by the two columns on the right are subject to change and in some cases are only approximate costs. The additional costs in the fifth stage are per applicant. Filing fees for minors vary.

Read Next: Priority Workers

Related Links

• Priority Workers

• Advanced Degree Professionals and Workers of Exceptional Ability

• Professionals and Skilled Workers

• Immigrant Investors

Check out VisaPortal.com - our new U.S. immigration web portal dedicated to bringing more transparency, justice and accountability to U.S. immigration and providing information and other resources to immigrants and other interested parties.