Employers are required by law to verify that every employee (hired after November 7, 1986) is authorized to work in the U.S. Within the first 3 business days of hire, employers must review an employee’s documents and attest under penalty of perjury on Form I-9 that documents establishing both employment authorization and identity were produced. The I-9 documentation must be kept on file for the duration of employment and for at least one year beyond termination of employment. Employers are faced with harmonizing the dual goals of complying with the work authorization law and avoiding civil rights discrimination. DMCA is experienced in all facets of employer compliance. In addition, we are experienced in unraveling the complex immigration law processes for employers and employees on a global-scale.
Employment-Based Immigrant Visa Categories
Employment First Preference (EB1A)—Persons of Extraordinary Ability: A person of extraordinary ability may petition for this achievement-based pathway to attaining permanent residency in the U.S. Qualifications include the ability to demonstrate that the individual has risen to the top of his or her field and intent to continue working in the area of extraordinary ability while in the U.S.
Employment First Preference (EB1B): Outstanding Professor or Researcher: An employer may seek to classify an outstanding professor or researcher through this achievement-based pathway to permanent residency in the U.S.
Employment First Preference (EB-1C)—Multinational Executives and Managers: These immigrant visas are for multinational executives and managers. These are generally the same foreign nationals that would be eligible for the L-1A nonimmigrant visa.
Employment Second Preference (EB-2)—Professionals Holding Advanced Degrees and Persons of Exceptional Ability, National Interest Waivers: A Second Preference applicant must generally have a labor certification approved by the Department of Labor before filing an immigrant visa petition. Professional positions requiring an advanced degree or baccalaureate degree and at least five years progressive experience may qualify under the employment-based second preference category. Persons with exceptional ability in the sciences, arts, or business may also qualify within the EB-2 category. National Interest Waiver: An applicant may receive a waiver of the requirement of labor certification if the work that the applicant is doing is in the national interest of the U.S. and the applicant has an excellent record of achievement. A Master’s degree or a demonstration of “exceptional ability” in the field is required.
Employment Third Preference (EB-3)—Skilled Workers, Professionals, and Unskilled Workers (Other Workers): A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. The applicant must have an offer for a full-time position. Generally, a labor certification approved by the Department of Labor is required. There are three subcategories within the EB-3 preference category. The first is positions for skilled workers requiring a minimum of 2 years of training or work experience, the second is professional positions which require at least a bachelor’s degree from a university in the U.S. or its foreign degree equivalent, and the third category is for unskilled workers, who are capable of filling positions that require less than two years training or experience.
Employment-Based Fourth Preference (EB-4)—Religious Workers: The EB-4 Special Immigrant Religious Workers visa allows a foreign national who is a minister or worker in a religious organization to enter the U.S. to obtain permanent residency.
EB-5 Employment Creation/Investor Visas: EB-5 immigrant visas are available for investors who create jobs in the U.S. by investing and taking an active role in a new commercial enterprise (or restructuring or expanding one that already exists). Upon approval of the initial petition, the investor and his/her spouse and unmarried children under the age of 21 are granted Conditional Permanent Residency for two year.
Labor Certification: Labor certification is the process of obtaining approval from the U.S. Department of Labor (DOL) that there are an insufficient number of U.S. workers who are able, willing, qualified and available to fill a particular position at the prevailing wage for the job. This process requires a good faith test of the labor market by following very strict requirements.
With an ever-increasing focus on international business in today’s global environment, many companies rely on the temporary transfer and relocation of personnel worldwide. DMCA provides up-to-date information, guidance and assistance to our clients to ensure that the international movement and relocation of employees and new hires is as seamless as possible, while ensuring compliance with immigration laws and requirements.