Employment-Based Immigration, EB-2, EB-3

The U.S. Congress offers 140,000 immigrant visas per year to allow foreign citizens to obtain their Permanent Residence status (Green Card) without having to wait for a quota most of the time. That means, unlike some applicants who have to wait for many years (sometimes over 20 years in waiting for a family based quota), those who have the demanded skills with a qualified job offer from an employer do not have to wait for availability of quotas.

There are many types of employment-related immigration visas. The most common one are Employment Based Preference #1, #2 and #3, or EB-1, EB-2 and EB-3. EB-1 will be discussed separately in EB-1 Green Card for Multinational Executives.

EB2 (Except National Interest waiver, NIW) and EB3 require you to obtain a clearance from the Department of Labor to be certified before the U.S. Citizenship and Immigration Service (USCIS) may approve your employer petition. This labor clearance is also called “labor certification”. It is one of the most complex processes which requires meticulous attention to be successful. Siegel Yuen & Honoré, P.L.L.C. has had over 36 years of successful professional experience in dealing with the labor certification process, especially our lawyer like Mr. Yuen was a professional engineer before he practiced law. He understands most of the technical terms in your industry so that he is able to provide the special insight of how to qualify your applicant to show that your applicant’s qualifications are so unique or demanded that no other U.S. Workers are “willing or able” to compete with the job offered.