Employment Immigration

In the first priority for employment immigration, the Labor Certificate process is omitted, so you can apply for a petition and permanent residency right away, saving time.
There are advantages to saving money. You can apply directly without a sponsor. However, the Distinguished Professors and Researchers category requires sponsors. Employment immigration is classified into the following three categories.
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1. Possession of Extraordinary Ability in the fields of science, art, education, management and sports

Immigration law defines “outstanding ability” as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor”.

To prove this, you must present an award such as a Nobel Prize or otherwise demonstrate that you have achieved at least 3 of the following 10 conditions.

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Recently, the Immigration Service tends to make a judgment based on the overall achievements of the applicant rather than approving the applicant for satisfying three conditions. This category is mainly applied by those who have received the O-1 visa, which is given to the owner of outstanding ability. It should be noted that being approved for the O-1 visa does not necessarily guarantee the first priority for employment immigration.

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1) Recognized excellence in the field of expertise domestically or internationally
2) A member of a group or group, nationally or internationally, where only professionals can be members.
3) published data on the applicant's achievements;
4) Experience as a judge of other people's work, papers, or works
5) Achievements in the relevant fields such as science, art, and academics
6) Record of writing academic articles in professional or major publications or major media
7) History of participation in art exhibitions, etc.
8) Evidence of playing a leading or critical role in a reputable organization or group
9) Evidence of a high salary or significantly higher compensation than others in the related field
10) If you have achieved commercial success with your work

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2. Eminent Professors and Researchers

First, in order to meet the conditions as an eminent professor and researcher, as a person with an international reputation in the academic field,

You must show that you have at least two of the six criteria below.

1) Awards for outstanding achievements in related academic fields
2) Member of a related academic field organization that requires outstanding achievement
3) professional publications mentioning the applicant's achievements in the relevant academic field;
4) Evidence of participation as a judge or panel to judge the work of others in the same or related academic field
5) Achievements that have contributed to related academic fields through creative and academic research
6) Writing activities in professional magazines or major media in related fields

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Second, they must have teaching or research experience for at least 3 years in the academic field.

If you did teaching or research during the degree course, you must obtain that degree, and in case of teaching,

It must be the case of teaching with full responsibility for the class, and in the case of research, the research conducted to obtain the degree must be recognized as outstanding in the related academic field.

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Third, Labor Certificate is not required, but there must be a job offer from an employer in the United States.

In the form of a job offer

1) A tenure or tenure-track teaching position from college or higher education; or
2) A job offer for a permanent research position from a university or higher education institution; or
3) Job offers for research positions in related fields can be made at private research institutes with at least three full-time research staff.

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3. Executives and managers of multinational corporations

In order to proceed with the 1st priority for employment-based immigration as an executive or manager of a multinational company, the following three conditions must be met.

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1) The company in the United States must have been in business for at least one year.

And companies based in the United States should be recognized as part of multinational corporations. A multinational company is a company that conducts business in two or more countries, including the United States, through branches, subsidiaries, parent companies, or affiliates. Accordingly, to be recognized as part of a multinational corporation, a US company must be a parent company, subsidiary, branch, or affiliate of a company in Korea (or outside the United States).

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In order for an American company to become a subsidiary of a Korean company, the Korean company must hold more than half of the shares in the company in the United States and the management right.

Or, if the ownership is not more than half, but the company actually has management rights, the company in the United States is recognized as a subsidiary of the Korean company. Even in the case of a 50:50 joint venture by a Korean company, it is recognized as a subsidiary if it actually has equal management rights and can exercise the right to veto. If both the Korean company and the US company are subsidiaries of different companies, if the Korean company and the US company are owned and managed by the same person or the same parent company, they may be recognized and qualified as affiliates.

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2) Permanent residency applicants must have worked as a manager or manager at a company outside the United States for at least one year in the preceding three years from the time of filing the employment immigration petition.

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3) The applicant's career outside the US and the nature of the work to be performed in the US company in the future must be a role in executive capacity or managerial capacity. The roles of executives and managers are defined as follows. stipulated

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a. Role as a person in executive capacity

1) Supervise the functions and management of an organization or department
2) Establishing organizational policies or directions
3) Exercising broad discretion in decision-making
4) Degree to which it receives only general supervision from a higher level board of directors or stockholders.

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b. Role as managerial capacity

1) Manage departments or functions of an organization
2) Overseeing the work of other supervisory, professional, and other managerial role managers.
3) Having the authority to fire and hire employees, promote, leave, etc.
4) Exercising supervision over day-to-day activities

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* Key points for green card approval

As an executive or executive of a multinational company, the most problematic part of the Immigration Bureau's first priority process is whether the applicant's work is management supervision. Therefore, when proceeding with permanent residency as an executive of a multinational company, it is most important to describe the applicant's duties in detail and as actually having the nature of a supervisory position.

 

In addition, there are factors to consider such as the nature of the work of the people who are supervised by the applicant in the organization chart of the company, their academic background, and their salary. If you say you are a manager and supervise a sales representative right below you, then you are not a true manager.

 

It must be supervising a professional occupation that requires at least a four-year degree.

This category is mainly applied for by those who have received an L-1A visa, which is an expatriate employee visa.

It does not necessarily guarantee the approval of the first priority for employment and immigration as an executive of a multinational company.

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EB-2 (2nd priority for employment immigration)

1. Qualifications for Employment Immigration 2nd priority

The 2nd priority qualification for Employment Immigration is 5 years of progress in the field related to the major after receiving a master's degree or a bachelor's degree

Applicants must have at least 5 years of work experience and the proposed job requires a master's degree or a bachelor's degree with 5 years of experience. Furthermore, employers must have the ability to pay the prevailing wages set forth by the Department of Labor.

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2. Sponsor Qualifications

The employer's ability to pay wages is as important as the qualifications of the employee, and the employer only needs to prove one of the following three things. First, if the net income is equal to or higher than the wage suggested by the Department of Labor, or if the current net asset is equal to or higher than the wage suggested by the Department of Labor, or if the current employee is actually receiving the wage suggested by the Department of Labor. . If there is no company tax report record, it is possible to prove it with a financial statement that has been audited by an accountant.

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3. Process of 2nd Priority Employment Immigration

First, employers must confirm that they have the ability to pay the prevailing wage for the proposed occupation from the Department of Labor. Next, a job advertisement is advertised, and after 30 days after the advertisement ends, the PERM application is entered. If the labor certificate through PERM is approved, the petition and permanent residency can be applied at the same time.

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4. Wrong misconceptions about employment immigration

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First of all, many people are mistaken that they have to work for the employer while receiving the wages suggested by the labor bureau. Since the wage suggested by the Labor Bureau means that you will receive a wage and work after receiving your permanent residency, you do not have to work with the wage suggested by the Labor Bureau right away. Therefore, it is possible to proceed with employment immigration even with a current student visa or E-2 status. You are not required to maintain a work visa status.

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Second, Labor Certificate (LC) is often confused with work permit. LC is not a legal guarantee of status or permitting you to work legally. The fact that the LC has been approved is a kind of approval from the labor bureau that it is okay to hire foreigners for this position. This is different from work permit, which allows you to work legally right away.

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Third, you don't have to post job advertisements for PERM for 6 months. end the ad as soon as possible

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5. Cases of 2nd priority employment immigration approval

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Financial Analyst (Bachelor +5 years)

Marketing Manager (Bachelor +5 years)

Controller (Bachelor +5 years)

Art Director (Master)

Acupuncturist (Master's)

Pastor (Master's)

Music director (Master)

Director Religious Education (Master)

Fashion Director (Bachelor + 5 years)

Market Research Analyst (Master)

Computer Programmer (Bachelor + 5 years)

Software Engineer (Master's)

Electrical Design Engineer (Master's)

Electrical Engineer (Master's)

Mechanical Engineer (Bachelor + 5 years)

Teacher (Master)

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NIW (National Interest Waiver)

NIW (National Interest Waiver) is the second priority for employment immigration, unlike other employment immigration.

It is characterized by the fact that it does not require a job offer or labor certification from the Department of Labor.

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1. Applicable field

1) Fields that help improve the health (medical) life of Americans
2) Areas that help develop the US economy
3) Areas that help improve wages and working conditions for American workers
4) Areas to Help Advance American Education and Vocational Training Programs
5) Areas that help solve housing problems for infants/elderly/poor people in the United States
6) Areas that can contribute to the U.S. environment and resource utilization
7) When requested by a US government department

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2. Qualifications
1) The field of work that the foreigner intends to do must provide “substantial intrinsic merit”.
2) The scope of the degree of foreign contribution should not be limited to a certain area in the United States, but the scope should benefit the nation as a whole (national in scope).
3) The fact that going through the Labor Certificate process would have a negative impact on the national interest

You have to prove it.

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3. Required Documents

The following documents are generally requested.

1. Diploma at least equivalent to a master's degree in the United States
2. Papers, books, conference invitation presentations, etc.
3. Evaluation of one's thesis or book by critics or media in related fields
4. Awards received in related fields
5. Professional society membership card
6. Funding or grants for related research projects
7. Resume
8. Letter of Recommendation

NIW qualifications must be stated in the letter of recommendation)

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EB-3 (3rd priority for employment immigration)

 

1. 3rd priority type of employment immigration

There are three types of employment immigration in the third place.

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1) Professional Occupation: The job to be performed by the sponsored company must be a job requiring at least a bachelor's degree, and the applicant must have a bachelor's degree.

2) Skilled worker: The position in the sponsor company must be a job that requires at least 2 years of experience.

3) Unskilled worker: You can apply if your academic background or career does not fall under the above cases.

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2. Employer conditions

The employer must demonstrate the ability to pay the prevailing wages presented by the Labor Department.

There are three ways to prove this. You just need to show that the net income or net asset shown on the employer's tax return is more than the wages suggested by the Labor Department.

 

In addition, applicants can prove the employer's ability to pay wages by showing that they are in fact earning more than the wages suggested by the Labor Department.

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3. Procedure

After obtaining a Labor Certificate (LC), the Employment Immigration Petition (I-140) is submitted, which is a step in evaluating the employer's ability to pay wages and the applicant's qualifications. When the petition is approved and the priority date (LC filing date) is open, you can apply for permanent residency. When applying for permanent residency, you can apply for work permit and travel permit at the same time.

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4. Approval cases

Mechanical Engineer (Bachelor)

Accountant (Bachelor)

Designer (Bachelor)

Chef (2 years experience)

Bookkeeper (2 years experience)

Mechanic (2 years experience)

Administrative Secretary (2 years experience)

Patternmaker (2 years experience)

Dental Technician (2 years experience)