Immigration Law
Employment/Work Visa Attorney for Salt Lake City
Employment‑based visas allow skilled workers, professionals, and investors to obtain lawful permanent residence in the United States. These are divided into five preference categories (EB‑1 through EB‑5), and certain spouses and children may also qualify.
At Buhler Thomas Law, P.C., our Salt Lake City work visa attorneys help employers and professionals with every stage of the process, including PERM labor certification, visa petitions, and adjustment of status.
Overview
U.S. immigration law provides five employment‑based (EB) immigrant visa categories for individuals seeking permanent residence through employment:
- EB‑1: Priority workers, including individuals with extraordinary ability, outstanding professors or researchers, and multinational executives.
- EB‑2: Professionals with advanced degrees or exceptional ability (labor certification required), or those who qualify for a National Interest Waiver (NIW), which allows applicants to bypass the labor certification process.
- EB‑3: Skilled workers, professionals, and other workers (labor certification required).
- EB‑4: Special immigrants, such as certain religious workers and U.S. government employees abroad.
- EB‑5: Immigrant investors who create jobs through qualifying U.S. investments.
For most EB‑2 and EB‑3 green card cases, employers must obtain a PERM labor certification from the U.S. Department of Labor (DOL) before filing with U.S. Citizenship and Immigration Services (USCIS).
Employment First Preference (EB‑1): Priority Workers
EB‑1 is for top-tier foreign nationals seeking a green card without PERM labor certification. All three subcategories require an approved Form I‑140 with USCIS.
EB‑1A — Extraordinary Ability
Scientists, artists, educators, business professionals, or athletes with sustained national or international acclaim. No employer, no job offer, and no labor certification required — self-petition is allowed.
EB‑1B — Outstanding Professors & Researchers
Academics internationally recognized as outstanding in their field with at least 3 years of teaching or research experience. Requires a permanent U.S. job offer and employer-filed I‑140. No labor certification required.
EB‑1C — Multinational Managers & Executives
Managers or executives who worked for a related foreign company for at least 1 of the past 3 years, coming to fill a managerial or executive role at the related U.S. entity. No labor certification required.
Employment Second Preference (EB‑2): Advanced Degree Professionals & Exceptional Ability
EB‑2 is for professionals with advanced degrees or exceptional ability. Most applicants require a PERM labor certification, a job offer, and an employer-filed Form I‑140. A National Interest Waiver (NIW) is available for those whose proposed work has substantial merit and national importance, waiving both the job offer and labor certification requirements.
EB‑2A — Advanced Degree Professionals
For professionals whose job requires an advanced degree (master’s or higher), or a bachelor’s degree plus at least 5 years of progressive experience in the field. Requires a job offer, employer-filed I‑140, and labor certification, unless an NIW is granted.
EB‑2B — Exceptional Ability
For individuals with a degree of expertise significantly above the ordinary in the sciences, arts, or business. Requires a job offer, employer-filed I‑140, and labor certification, unless an NIW is granted.
Employment Third Preference (E3): 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. All such workers generally require labor certification approved by the Department of Labor.
There are three subgroups within this category:
- Skilled workers
- Professionals
- Unskilled workers (Other workers)