Obtaining a permanent worker visa under the United States Citizenship and Immigration Services (USCIS) EB program can be a great way for people from around the world to be able to work in the country. The EB visa program is a preference-based visa program with limited availability.
There are five categories under this program with a descending order of preference. Two of these programs, EB-2 and EB-3, require an employer to provide proof of labor certification. In short, this means proving that an employer could not fill the job with an American worker.
A Bloomington labor certification lawyer could help you understand the need for a labor certification. An experienced immigration attorney can also work to help employers gain certification from the Department of Labor that can allow them to hire immigrants.
All companies in the United States have an obligation to hire American workers whenever possible. However, circumstances do exist where shortages in the labor pool make this very difficult, if not impossible. In these situations, businesses may petition the Department of Labor (DOL) to issue a labor certification.
The process begins with an employer filing Form 9089. This form asks the employer to certify that:
If an employer’s request meets the requiring criteria, the DOL will issue a labor certification for a PERM visa. Having this certification allows an employer to sponsor a foreign national for employment at their company.
Obtaining a labor certification is necessary for most employer-sponsored visas. For example, the EB-2 and EB-3 visa programs are subject to these requirements. The EB-2 visa program allows foreign citizens with advanced degrees to apply for specific jobs in the United States. An advanced degree is a bachelor’s or a foreign equivalent. An alternative way to qualify for this program is to have exceptional ability in arts, science, or business. An employer must sponsor the worker using Form I-140.
The EB-3 visa program is also a preference-based visa program for foreign workers. Applicants for this visa must only show two years of job training or a degree in the relevant field. Much like the EB-2 program, an employer must sponsor the worker using From I-140. However, the EB-3 visa program is lower in the preference scale than EB-2 and the potential preference level, the better the chances of obtaining a visa.
Many skilled workers can come to work in the United States if their employers sponsor their visa applications. This applies to both EB-2 and EB-3 preference visa applications. However, there is a limited number of these permanent preference visas, and not every applicant will be successful. Contact a Bloomington labor certification attorney today to see how they might be able to help.