eb3

Labor Certification process in a nutshell: 

The EB2 Visa (or EB2 Green Card) – Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference). 

The EB3 Visa is a permanent residence US visa/Green Card for “Skilled, Professional, or Other Workers.” There are three routes to qualification:

• Establishing the Prevailing Wage
• The Labor Certification Process
• Job Requirements and Supporting Evidence
• Certifications
• Standard Vocation Preparation (SVP) Rating
• Filing the Labor Certification form DS989 and the I -140
• Priority Dates and the Backlog
• Putting it all Together

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There are four distinct categories of visas for the tech industry:

1) H1B for temporary or non-immigrant professional workers  with specialized/technical knowledge. 

There are two types of Green Cards that the H1B can lead to:

• EB2 for advanced degree professionals.
• EB3 can be for either skilled or unskilled workers.

2) O1 – Extraordinary Ability

• EB1-1 visas are the Green Card equivalent of the O1 visa but with higher standards.

3) L1 is an intra-company transfer work visa. 

• EB1-3 is the Green Card that the L1 will lead to. It is for multinational executives or managers.

4) Investor Visas 

• E2 Treaty Investor Visa is part of the family of U.S. visas that are available to citizens or national of one of 30+ countries that have trade treaties with the United States.
• EB5 Investor Visa requires an investment of $1 million or more.

What is the Labor Certification Process?

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The criteria for obtaining a U.S. visa has gotten significantly more difficult and sports immigration is feeling the heat. Successful sports immigration attorneys have had to rise to the challenge and become even better. 

O1 Visa: Extraordinary Ability .

P1 Visa: Entertainers and Internationally Recognized Exceptional Athletes. 

H2B Visa: may be used for a wide variety of seasonal industries. 

H1B Visa: can be used for a coach, administrator, or management level person in some circumstances. 

There are two visas that can be used if the athlete wants to remain in the United States permanently.

EB1: Exceptional Ability Green Card 

EB2: Employment-Based Exceptional Ability Permanent Residence (Second Preference). 

EB3:  Skilled, Professional, or Other Workers – visa/Green Card for

EB5: Immigrant Investor Visa 

Athletes may also wish to enter the U.S. for a single competition or tournament in which the B1 or B2 Visa can be used.

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