Terminology for Employment Based Permanent Visas

Labor Certification

Labor Certification is the determination by the U.S. Department of Labor (DOL) that there are no qualified U.S. workers for the job in question in the area of intended employment. This certification of labor is always required for most employment-based immigrant petitions, especially for EB-2 and 3 visas. Additionally, the Labor Certification is required for H-2A and H-2B temporary workers too.

Permanent Visa (EB- Employment Based)

The Employment Based has 1-5 Preference(s) Immigrant Visa categories for “Priority Workers: EB-1 through EB-5.

EB-1

These workers include foreign nationals of Extraordinary Ability in a range of areas from the sciences, arts, education, business or athletics; Outstanding Professors and Researchers; and Multinational Managers and Executives. Labor certification application is not required.

EB-2

The priority worker who has an advanced degree (a masters or bachelor’s degree and at least five years’ experience. You must file a labor certification.

EB-3

For professionals, with a job offer and an approved labor certification application.

EB-4

For special immigrants, such as a religious ministers and /or workers and their dependent family members.

EB-5

Best suited for immigrant investors investing a $1 million of capital minimum of which $500,000 of capital is invested in a targeted employment area that will create at least 10 fulltime jobs for U.S. workers.