SERVICES & VISA OPTIONS
EMPLOYMENT-BASED IMMIGRANT VISA
Many businesses and employers are in need of foreign employees possessing specialized skills, training and knowledge from across the world. Navigating the complex arena of visa applications and processing is made simpler with effective professional knowledge and experience.
Whether you’re an investor, looking to employ, or come to US as an employee in a professional field of employment; whether it’s a seasonal recruitment, or nonprofessional employment; whether you’re an artist, athlete, performer or person with extraordinary abilities, Dagher Khraizat Immigration Law is armed with the experience that you need for your immigration course of action. With over 25 years of professional practice, we are highly skilled at every step of the process; preparation, filing, representation, anticipating the limitations, and overcoming every single challenge you may face during the application or filing course.
The immigrant EB-5 investor visa allows individuals with significant assets to invest in the U.S. and obtain legal permanent residence for themselves and their families
EB-1 Category Immigrant Visas
Employment-based, first-preference visas exist in three categories: Extraordinary Ability, Outstanding Professor or Researcher, and Multinational Executive or Manager.
Extraordinary Ability: You must be able to prove extraordinary ability in the fields of art, science, education, business or athletics through documented and sustained national or international acclaim. Must meet three of ten criteria or provide evidence of a one-time achievement such as a Pulitzer, Oscar or Olympic medal. Qualifying for this category allows you to skip the Labor Certification Process of demonstrating that no U.S. citizen workers are qualified for the position.
Outstanding Researchers: You must show international recognition for achievements in a particular field. Minimum three years in teaching or research and must be entering the United States to pursue tenure, tenure teaching track or comparable research position. Must meet two out of six criteria and have an offer of employment from a U.S. employer. Qualifying for this category allows you to skip the Labor Certification Process of demonstrating that no U.S. citizen workers are qualified for the position.
Multinational Executives/Managers: You must show executive or management employment outside of the U.S. for 1 year out of the immediate prior 3 years by a foreign corporation that shares at least 50% joint ownership with a U.S. corporation. You must be requesting the immigrant visa petition so that you can continue services for the U.S. Corporation in an executive or management position. Qualifying for this category allows you to skip the Labor Certification Process of demonstrating that no U.S. citizen workers are qualified for the position.
EB-2 Category Immigrant Visas
Employment-based second preference petitions allow for three types of petitions: the exceptional ability applicant, the National Interest Waiver, and the applicant holding an advanced degree processing after approval of the standard labor certification application.
Advanced degree: The position you apply for must require an advanced degree or a bachelor’s degree plus five years of work experience in the field. This application requires the employer to obtain a Labor Certification from the Department of Labor which confirms that there are no qualified U.S. workers for the position.
Exceptional ability: You must have an advanced degree or a bachelor’s degree plus five years of work experience and prove a level of expertise significantly above the norm in art, science or business and meet at least three of seven criteria. Qualifying for this category allows you to skip the Labor Certification Process of demonstrating that no U.S. citizen workers are qualified for the position.
EB-2 National Interest Waiver: Dagher Khraizat Immigration Law Group can prepare and file your National Interest Waiver (NIW). This application allow you to skip the PERM labor condition test of the labor market by showing that you possess skills that will benefit the U.S. national interest. We can guide you to successfully demonstrate your past and future ability to benefit the United States.
EB-3 Category Green Card Visas
Employment-based third-preference visas are for skilled workers, professionals or other workers.
Professionals: You must prove possession of a U.S. bachelor’s degree or foreign equivalent and that it is necessary for the specified occupation that requires a bachelor’s degree as a minimum requirement for the job. Must also show that qualified workers are not available in United States. Labor Certification and a permanent, full-time job offer must be presented.
Skilled Workers: You must demonstrate at least two years of work experience for a position requiring at least two years of work experience and must show that qualified U.S. workers are not available. Labor Certification and a permanent, full-time job offer must be presented.
Unskilled Workers: You must show ability to perform unskilled labor that isn’t seasonal or temporary for which qualified U.S. workers are not available. Labor Certification and a permanent, full-time job offer must be presented.
PERM Labor Certification
Legal Permanent Residence Process for Employment-based 2nd and 3rd Preference Petitions requiring PERM Labor Certification
Dagher Khraizat Immigration Law Group can work with an employer to develop a compliant PERM labor certification application. We are highly experienced in assisting employer through the complex PERM rules, prevailing wage applications, advertising requirements, recruitment requirements, business necessity compliance, and retention of documents requirements for the employer.
Employment-based second and third preference petitions are most commonly accompanied by the PERM (Program Electronic Review Management) Labor Certification application designed to test the U.S. labor market to determine if there are any available U.S. workers for a specific position. The employer-based application for permanent residence for an employee in the EB-2 and EB-3 categories is a three step process including the PERM labor market test application, the I-140 Immigrant Visa Petition by an Employer, and the employees Adjustment of Status to Lawful Permanent Resident or Immigrant Visa Application at a U.S. Embassy.