Immigrant Visas for Corporate Sponsorship
At Miller Mayer, we offer specialized support for corporations looking to sponsor foreign nationals for permanent residency in the United States through immigrant visas. Our expert guidance encompasses a variety of visa options suitable for retaining top international talent.
Below are the main immigrant visa categories commonly used for corporate sponsorship, including an overview of the PERM process:
Employment Based First Preference (EB-1) Immigrant Visa
This category is reserved for extraordinary ability immigrants (EB-1A), outstanding professors or researchers (EB-1B), and multinational managers or executives (EB-1C). These immigrant visa pathways waive the normal test of the labor market. The EB-1A immigrant visa petition for extraordinary ability immigrants can be filed by a company or by an individual, allowing for self-sponsorship.
Employment Based Second Preference (EB-2) Immigrant Visa
The EB-2 immigrant visa pathway is reserved for PERM labor certification-based green cards when the offered position requires at least a master’s degree or a bachelor’s degree and 5 years of experience. The classification is also available to immigrants with “exceptional ability.” Further, the EB-2 classification is applicable to foreign nationals who hold at least a master’s degree (or a bachelor’s degree and 5 years of experience) and who qualify for a National Interest Waiver (NIW). The EB-2 NIW pathway allows for company sponsorship or self-sponsorship.
Employment Based Third Preference (EB-3) Immigrant Visa
Based upon a certified PERM and covering skilled workers, professionals, and unskilled workers, the EB-3 visa is crucial for filling various roles that are essential to a company’s operations. When the offered permanent position requires less than a bachelor’s degree and 5 years of experience, the immigrant visa petition would fall under the EB-3.
Miller Mayer is dedicated to providing comprehensive guidance and expert handling of the immigration process.
Understanding the PERM Process
The Program Electronic Review Management (PERM) process is a critical step for most employment-based immigrant visas under the EB-2 and EB-3 categories. The PERM, also known as the Labor Certification, is goverend by the U.S. Department of Labor. The PERM process is a test of the U.S. labor market. At the end of the process, the employer will attest to the U.S. DOL that permanent employment of a foreign national worker will not adversely impact the U.S. labor market by displacing U.S. workers.
The PERM involves the following key phases:
1. Prevailing Wage Determination
The employer must obtain a prevailing wage determination from the Department of Labor (DOL) to ensure the offered wage meets or exceeds the prevailing wage for the occupation in the geographic area of intended employment.
2. Recruitment Phase
Employers must conduct a recruitment campaign to demonstrate that there are no willing or qualified U.S. workers available for the position. This includes posting job advertisements in various channels as specified by the DOL.
3. Filing of Form ETA-9089
Upon completion of the recruitment process, the employer must file Form ETA-9089 with the DOL for labor certification. This form details the job duties, recruitment results, and justification for hiring a foreign worker.
PERM is highly complex, technical, and crucial to the success of an immigrant visa petition. Miller Mayer provides comprehensive assistance to U.S. companies throughout the PERM process, ensuring that each step is handled efficiently and in compliance with all regulatory requirements.
