DeLand County Employment Immigration Lawyer

(EB-1A) On Persons of extraordinary ability

Under U.S. immigration law, individuals with extraordinary ability in sciences, arts, education, business, or athletics may apply for permanent residence through the EB-1A visa category. Governed by INA § 203(b)(1)(A) [8 U.S.C. § 1153(b)(1)(A)], applicants must demonstrate sustained national or international acclaim and that their entry benefits the U.S. No job offer or labor certification is required. Evidence may include major awards, publications, or contributions of significance. This self-petition option is ideal for top-tier professionals seeking a green card based solely on merit.

(EB-2) Advanced degrees and exceptional ability

The EB-2 visa category under U.S. immigration law is for individuals who either hold an advanced degree or possess exceptional ability in sciences, arts, or business. According to INA §203(b)(2), applicants must have a job offer and an approved labor certification (ETA Form 9089), unless applying for a National Interest Waiver (NIW).

Advanced degree applicants must show a U.S. master’s (or higher) degree or a foreign equivalent. Those with exceptional ability, as defined in 8 CFR §204.5(k)(2), must demonstrate a degree of expertise significantly above that ordinarily encountered. This pathway facilitates employment-based permanent residency for highly skilled professionals.

(EB-2) National Interest Waiver (NIW) 

The National Interest Waiver (NIW) falls under the EB-2 visa category and allows applicants to request a waiver of the job offer and labor certification requirements if their work is deemed to significantly benefit the United States. It is governed by the Immigration and Nationality Act (INA) §203(b)(2)(B). To qualify, applicants must demonstrate that their proposed endeavor has substantial merit and national importance, that they are well-positioned to advance it, and that, on balance, waiving the job offer requirement would benefit the U.S. This pathway is ideal for researchers, entrepreneurs, and professionals working in the national interest.

(EB-3 visa) Workers and professional

The EB-3 visa is a U.S. employment-based immigration category for skilled workers, professionals, and other workers, governed by INA §203(b)(3).

• Skilled workers must have at least two years of job experience or training.
• Professionals must hold a U.S. bachelor’s degree or foreign equivalent and work in a job requiring such a degree.
• Other workers are for unskilled labor positions requiring less than two years of training or experience.

All EB-3 applicants generally require a permanent, full-time job offer and a certified Labor Certification (PERM) from the U.S. Department of Labor. This category provides a path to permanent residency for a broad range of qualified workers.

(EB-4 visa) Certain special immigrants

The EB-4 visa is a special immigrant category under Section 203(b)(4) of the Immigration and Nationality Act (INA). It applies to certain individuals including religious workers, Special Immigrant Juveniles (INA §101(a)(27)(J)), certain U.S. government employees abroad, retired employees of international organizations, and members of the U.S. armed forces, among others. Each group must meet specific eligibility criteria. Most EB-4 applicants do not require labor certification. This category recognizes individuals whose service or background supports U.S. diplomatic, humanitarian, or national interests and offers them a pathway to lawful permanent residency.

Immigrant Investor – EB-5 Visa

The EB-5 Immigrant Investor Program, established under INA § 203(b)(5) [8 U.S.C. § 1153(b)(5)], allows foreign nationals to obtain U.S. permanent residence by investing in the U.S. economy. To qualify, an investor must invest $1.05 million—or $800,000 in a targeted employment area (TEA)—in a new commercial enterprise that creates at least 10 full-time U.S. jobs. Administered by USCIS, the EB-5 visa supports economic growth through capital investment and job creation. Investors, their spouses, and unmarried children under 21 may receive green cards upon meeting the program’s criteria.

Immigrant Petition for Alien Worker – Form I-140

Under INA § 204(a)(1)(F) [8 U.S.C. § 1154(a)(1)(F)], a U.S. employer may file Form I-140, Immigrant Petition for Alien Worker, to sponsor a foreign national for permanent residence based on employment. This petition supports EB-1, EB-2, and EB-3 categories, covering persons of extraordinary ability, advanced degree professionals, skilled workers, and more. In most cases, a labor certification (PERM) from the U.S. Department of Labor is required. Approval of the I-140 is a key step in the employment-based green card process, allowing the foreign worker to move forward with adjustment of status or consular processing.

Permanent Labor Certification (PERM)

Permanent Labor Certification is a prerequisite for most EB-2 and EB-3 employment-based green card petitions. Governed by INA § 212(a)(5)(A) [8 U.S.C. § 1182(a)(5)(A)], the PERM process ensures that hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers. Employers must obtain certification from the U.S. Department of Labor (DOL) by proving there are no qualified U.S. workers available for the position after conducting a good faith recruitment. Once approved, the employer may proceed with filing Form I-140 with USCIS on the worker’s behalf.

Green Card for Immigrant Worker’s Family

Under INA § 203(d) [8 U.S.C. § 1153(d)], the spouse and unmarried children (under 21) of an employment-based immigrant worker may also obtain lawful permanent residence (green cards) as derivative beneficiaries. Once the primary applicant’s immigrant petition (e.g., Form I-140) is approved and a visa becomes available, eligible family members can apply concurrently or separately for adjustment of status (Form I-485) or consular processing. Derivatives are not required to have separate labor certifications or job offers but must maintain eligibility based on the principal applicant’s immigration status.

Work Permit / Employment Authorization – Form I-765

A Work Permit, officially known as an Employment Authorization Document (EAD), allows certain noncitizens to lawfully work in the U.S. It is requested by filing Form I-765 under the authority of 8 C.F.R. § 274a.12. Eligible applicants include adjustment of status applicants, asylum seekers, DACA recipients, and others in specific immigration categories. The EAD is typically valid for 1–2 years and must be renewed to maintain employment authorization. It serves as proof of legal ability to work and may be presented to employers for I-9 verification purposes.

Removing Conditions from Green Card – Form I-829

Foreign nationals who obtain a conditional green card through the EB-5 Immigrant Investor Program must file Form I-829 to remove the conditions on their permanent residency. Under INA § 216A [8 U.S.C. § 1186b], Form I-829 must be filed within the 90-day period before the second anniversary of receiving the conditional green card. The petition demonstrates that the investment has met the program’s job creation and business requirements. Once approved, the individual and their family members receive a permanent (unconditional) green card, granting full legal permanent resident status.

USCIS Premium Processing – Form I-907

Premium Processing allows applicants to expedite the processing of certain immigration petitions by paying an additional fee. Under 8 C.F.R. § 103.7(b), Form I-907, Request for Premium Processing Service, can be filed to request expedited processing for petitions such as Form I-140 (Immigrant Petition for Alien Worker) or Form I-129 (Petition for a Nonimmigrant Worker). USCIS guarantees a processing time of 15 calendar days, or the fee will be refunded. Premium Processing can significantly reduce wait times for visa approval, providing a faster path to obtaining a decision.

Immigrant Employer Compliance – Form I-9

Under 8 U.S.C. § 1324a and 8 C.F.R. § 274a, U.S. employers must verify the identity and employment eligibility of all employees through Form I-9, Employment Eligibility Verification. This process is required for both U.S. citizens and immigrants hired for employment in the U.S. The employer must complete the form within three days of the employee’s start date and retain it for inspection by authorized authorities. Immigrant employees must present valid documentation proving their eligibility to work, such as a green card, work permit (EAD), or valid visa.