GROW WITH CONFIDENCE.
PROFESSIONAL GREEN CARD SERVICES.
GROW WITH CONFIDENCE.
PROFESSIONAL GREEN CARD SERVICES.
GROW WITH CONFIDENCE.
PROFESSIONAL GREEN CARD SERVICES.
About Unlimited Labor Solutions
Temp To PERM For Professionals and Skilled Workers
Unlimited Labor was born out of a need to solve the labor crisis that companies face on a daily basis. The founders of Unlimited Labor are professional business owners themselves and understand the need to have a reliable, sustainable professional and skilled labor force and the harsh consequences of not getting their workers.
Unlimited Labor has grown to be one of the nation’s top labor agents for unskilled, skilled, and professional workers and are relied upon by various professional industries. By transitioning your temporary professionals and skilled workers to Green Card holders, Unlimited Labor will help your company GROW WITH CONFIDENCE! Reach out to our team for more information.
ULS is the End-to-End Solution for Green Cards.
We handle the entire process for you so that you don’t have to, from document and information collection, translations, employee correspondence, form preparation and filings. We are more than just filling out paperwork and doing the government process.
Our goal is to build your long-term labor plan. We are about linking and inspiring your workforce by helping them achieve something they desperately want: permanent residence in the United States, and long-term dependable employment from a stable company.
Our mission is to create an opportunity where everyone wins. The employee gets long-term stable employment with a great company. The company builds the team it so desperately needs to be able to grow and expand.
Professional and Skilled Labor Visa Classifications
What is EB-2?
EB-2 is the acronym for Employment-Based Second preference immigrant visa classification and are reserved for foreign workers who fall into one of two three categories:
- Advanced Degree: For positions that require an advanced degree in the field of endeavor or the foreign equivalent of a U.S. master’s level degree; or a bachelor’s degree in the field and at least five years of progressively responsible employment experience in the field.
- Exceptional Ability: For those who display exceptional ability in the sciences, arts or business.
The focus of this document will be for positions that require the services of an Advanced Degree professional, which is comprised of foreign professionals holding an advanced degree (or foreign degree equivalent) in their field or a bachelor’s degree in the field and at least five years of progressively responsible employment experience in the field. Degree/transcript copies and/or experience verification letters from prior employers will be needed to prove the Beneficiary holds the required education and/or experience for these cases.
The first step to the EB-2 process for all categories mentioned above is to obtain a valid Permanent Labor Certification from the Department of Labor. This is comprised of three steps: 1) prevailing wage; 2) advertising for the position in the largest local paper of general circulation in the area of intended employment, state workforce commission, three additional job posting mediums and an internal notice of filing to determine if here are any qualified U.S. workers ready, willing, able or qualified for the job offered; and if not, 3) the filing of the PERM labor certification application with the Dept. of Labor (DOL).
Once the PERM labor certification is certified by the DOL for the position offered, then the I-140 Immigrant Petition is filed with the USCIS letting the Service know that the DOL has approved this job for a permanent position and that the Employer intends to employ the employee in this position once the employee obtains their green card. Degrees/transcripts/experience letters will be submitted during this step, whichever is needed. The employer’s ability to pay the Beneficiary the wage offered will also need to be submitted during this step.
The third step is the green card filing and that can be done within the U.S. under the Adjustment of Status (AOS) process or with the U.S. Embassy in the employee’s foreign country, once the Beneficiary’s priority date is current. While AOS is generally preferred, it is not always possible especially if the employee does not have a valid visa to enter the U.S. with. In either case, the employee’s family can process their green cards with the employee provided they are also in the US when the employee files their AOS or they decide to process at the Embassy together.
We want to help your employees too. We specialize in bulk/group filings for multiple positions with the same title, duties and work location, but also handle individual cases at a slightly higher price point.
What is EB-3?
EB-3 is the acronym for Employment-Based Third preference immigrant visa classification and are reserved for foreign workers who fall into one of these three categories:
- Professionals (ii): For positions that require a U.S. bachelor’s degree in the field of endeavor or the foreign equivalent of a U.S. bachelor level degree in their field. Degree/transcript copies will be required to prove the Beneficiary holds the required degree.
- Skilled Workers (i): For positions that require at least two years of relevant job training/experience. Experience verification letters from prior employer will be required to prove the Beneficiary has the required experience. An Associate degree would also fall into this category as would a 3-year foreign degree that does not equal a U.S. 4-year degree. Degree/transcript copies will be required to prove the Beneficiary holds the required degree.
- Other Workers (iii): For positions requiring less than 2 years of experience or training. If any experience is required, experience verification letters from prior employer will be required to prove the Beneficiary has the required experience.
The first step to the EB-3 process for all categories mentioned above is to obtain a valid Permanent Labor Certification from the Department of Labor. This is comprised of three steps: 1) prevailing wage; 2) advertising for the position in the largest local paper of general circulation in the area of intended employment and other job posting requirements as determined by what category above it sought, to determine if here are any qualified U.S. workers ready, willing, able or qualified for the job offered; and if not, 3) the filing of the PERM labor certification application with the Dept. of Labor (DOL).
Once the PERM labor certification is certified by the DOL for the position offered, then the I-140 Immigrant Petition is filed with the USCIS letting the Service know that the DOL has approved this job for a permanent position and that the Employer intends to employ the employee in this position once the employee obtains their green card. Degrees/transcripts/experience letters will be submitted during this step, if required. The employer’s ability to pay the Beneficiary the wage offered will also need to be submitted during this step.
The third step is the green card filing and that can be done within the U.S. under the Adjustment of Status (AOS) process or with the U.S. Embassy in the employee’s foreign country, once the Beneficiary’s priority date is current. While AOS is generally preferred, it is not always possible especially if the employee does not have a valid visa to enter the U.S. with. In either case, the employee’s family can process their green cards with the employee provided they are also in the US when the employee files their AOS or they decide to process at the Embassy together.
We want to help your employees too. We specialize in bulk/group filings for multiple positions with the same title, duties and work location, but also handle individual cases at a slightly higher price point.
What are TN Visas?
The TN visa allows qualified Canadian and Mexican citizens who hold at least a Bachelor’s degree from a Canadian or Mexican university in engineering, architecture, accounting, hotel management, economics, computer science, teaching and various scientific fields to work in their degree fields in the U.S. Click here to view the full list of qualifying positions for the TN visa. In short,
Process for Canadians:
Canadian citizens can apply for admission as a TN nonimmigrant at a U.S. port of entry or during pre-flight inspection at an international airport in Canada.
Process for Mexicans:
Mexican must obtain a visa to enter the U.S. as a TN nonimmigrant by applying for a TN visa directly at a U.S. Embassy or Consulate in Mexico. You can select between the 1 year or 4 year visa.
Spouses and children (under 21 years old) of TN Professionals may be eligible for TD nonimmigrant status. Canadians can present evidence of the Workers TN status to gain admission to the U.S. whereas Mexicans will need visas. We normally suggest everyone process their TN/TD together as a family.
What is an H-1B Visa?
The primary requirement of the H-1B visa is the foreign worker’s gainful employment in a Specialty Occupation. A specialty occupation is a role that has professional, specialized job duties and responsibilities that require at least a Bachelor’s degree in a specific field of study as the basic minimum requirement for the role. For example, for a Software Engineer role the foreign worker has at least a Bachelor’s degree in Computer Science, Software Engineering or a closely related field. Similarly, for a Civil Engineering role, the role the foreign worker has at least a Bachelor’s degree in Civil Engineering or a closely related field.
Professions that normally (industry standard) require at least a Bachelor’s degree in a specific field of study should qualify a foreign worker for an H-1B so long as they hold the requisite Bachelor’s level degree or the equivalent as determined by a professional academic evaluation service may also be accepted. Some examples of equivalency are below:
- 4-year foreign Bachelor’s degrees in the field of endeavor.
- A combination of a foreign 3-year Bachelor’s degree in the field AND at least 3 years directly related specialized experience in the field;
- A 3-year Bachelor’s degree in the field AND a 2-year Master’s degree in the field; or
- At least 12 years of specialized knowledge in the field.
In addition to the Specialty Occupation and degree requirements, additional H-1B requirements are as follows:
- The foreign worker must be selected in the H-1B lottery OR have been previously selected in the H-1B lottery and held H-1B status in the past 6 years to be exempt from the lottery.
- The lottery consists of 65,000 slots for foreign workers with a least a Bachelor’s degree in their field (or equivalent), and an additional 20,000 slots are for foreign workers who hold U.S. Master level degrees or higher. Total 85,000. The lottery runs in March every year for a 10/1 start date.
- Besides holding H-1B status within the past 6 years, other exemptions from the lottery include working for government research organizations, nonprofit research organizations, a college or university (institution of higher education), or other nonprofit organizations affiliated/related with these kinds of organizations. H-1B foreign workers who work onsite at qualifying organizations may also qualify as long as the job duties further the purpose/mission of the qualifying organization. The employer must furnish documentation to establish their cap exemption.
- A valid employer and employee relationship must exist between the Employer and foreign worker.
- The foreign worker must be paid at least the local prevailing wage for the area of intended employment, or a salary consistent with the salaries of other employees who are employed in the same or similar role, whichever is higher.
- Since the wages are location specific, changes in the foreign worker’s work location, or any substantial changes in the conditions of the H-1B employment may necessitate the filing of an amended petition to update the USCIS of the new work site or changes in the conditions of employment such as going from full-time to part time, or even possibly when the foreign worker is promoted to a position more than 50% different that the one the foreign worker current occupies.
- Laid off foreign workers have a 60-day grace period to find new employment in the U.S. with an H-1B Employer, or switch to another status to remain in the U.S. Immigration officers have discretion over the grace period. Generally, the 60-days start from the date the last paycheck was issued to the foreign worker.
- In the event of a layoff or termination of an H-1B employee, H-1B employers are required to pay for the reasonable cost of return transportation of the H-1B foreign worker’s home country.
For more information on H-1B visa and other immigration options, schedule a demo with us today.
Why Convert to PERM?
H-1B, TN, L-1B and other temporary visa workers/employees can qualify for green cards under the employment-based immigrant visa category. The benefit of Converting to PERM, include:
Create a sustainable long-term staffing plan with a permanent workforce.
Workers can continue to work on their nonimmigrant visas during the process.
Green Card within a minimum of 36 months with some exceptions, especially for Indian and Chinese nationals
Workers can share some costs with you.
Workers can sponsor their family.
Workers can apply for citizenship after 5 years – provided they maintain a residence in the U.S. for at least 2.5 years during the previous 5-year period.
Some of these workers fall into the the Skilled Workers (i) category:
Positions that require at least two years of relevant job training/experience.
Experience verification letters from prior employer(s) will be required to prove the Beneficiary has the required experience for the role.
An Associate degree would also fall into this category as would a 3-year foreign degree that does not equal a U.S. 4-year degree.
Degree/transcript copies will be required to prove the Beneficiary holds the required degree.
These workers generally fall into Professionals (ii) category:
For positions that require a U.S. bachelor’s degree in the field of endeavor or the foreign equivalent of a U.S. bachelor level degree in their field.
Degree/transcript copies will be required to prove the Beneficiary holds the required degree.
Experience verification letters from prior employer may be required to prove the Beneficiary has the required experience, if applicable.
Some of these workers fall into the Advanced Degree category:
For positions that require an advanced degree in the field of endeavor or the foreign equivalent; or a bachelor’s degree in in the field of endeavor and at least five years of progressively responsible employment experience in the field.
The Process
There are three steps to the PERM Green Card Process.
Phase 1
ETA 9089 – PERM (3 Steps)
• 9141 – Prevailing Wage
(6/7 months)
• Advertisements
(2 months)
• Labor Certification
(10/12 months)
• Audit
(adds 4-6 months to the process)
Phase 2
I-140 – Immigrant Petition
• Optional premium processing for a decision in 15 business days for $2805
• Regular processing 6-9 months
Phase 3
I-485 – Green Card
• Adjustment of Status if in US in valid status
(6-9 months)
• Consular Process w/home country Embassy
(Depends on Embassy 6-12 months)
MONTHS 1-20
Prevailing Wage Application Filed
Information Gathered from all Applicants
Advertising and Recruiting Takes Place
Form ETA-9089 PERM Application Filed
MONTHS 20-28
Form ETA-9089 PERM Application Certified (Audit Adds 4-6 Months)
Form I-140 Immigration Petition Filed
MONTHS 28-36
Adjustment of Status Filed, Applicant Can Remain in US Past the Expiration of H-2B Visa; OR Consular Process at Home Country Embassy)
6 Month Approximate Wait for Employment and Travel Card (AOS Applicants Only)
MONTHS 36-48+
Green Card Approved
Work Agreement Between Applicant and Employer
Why You Should Choose ULS to Convert Your H-1B, TN, L-1B, and Other Temporary Employees to PERM:
Practice Manager w/24 years of experience.
Senior Paralegal w/22 years of experience.
Bilingual Intake Specialists to work directly with your Employees to collect their documents and answer their questions.
Immigration Attorney on Staff.
We can also handle your H-1B, TN and F-1 matters.
We have 24 business hour turn around policy on all communications.
We keep the prevailing wage and recruiting process as tight as possible to help ensure the earliest possible priority date for your employees.
Affordable with billing intervals spread out over time.
