EB-2 Based on PERM

EB-2 petitions are for individuals with exceptional ability or advanced degrees (at least a master’s degree or a bachelor’s degree with at least five years of progressive experience) who are hired for jobs that require advanced degrees.

Most EB-2 petitions must start with the PERM process, which involves government determination of a minimum wage for the employee and extensive recruiting to determine that no U.S. worker is available for the position. Once the Department of Labor issues a labor certification at the end of that process, employers can sponsor their employees for permanent residence by filing Form I-140. Most immigrants can apply for permanent residence (green card) immediately after I-140 approval, but there are significant backlogs for immigrants from some countries.

Individuals with approved I-140s can apply for extensions of H-1B status until they are able to obtain a green card. This rule allows employees from China, India, and any other country with a backlog to remain in the United States while waiting for their green cards.

MT Law has significant experience with I-140 petitions, and regularly provides innovative solutions to companies seeking to move and retain talent in the United States.

If you are thinking about sponsoring an employee for permanent residence under EB-2 classification, please contact us today for a consultation.