Immigration through employment

An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, this type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old.

There are five categories for granting permanent residence to foreign nationals based on employment skills:

EB-1 Priority workers

  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics

  • Foreign nationals that are outstanding professors or researchers

  • Foreign nationals that are managers and executives subject to international transfer to the United States
  • People who qualify for this type of visa are given special preference. Therefore, unlike many other types of visas that take years to obtain, this one is given special priority.

    Extraordinary Ability (EB1):
    Aliens of Extraordinary Ability who are entering the United States to continue work in the field in which he or she has extraordinary ability, may be eligible for a First Employment-Based Preference (EB-1). This allows the alien to bypass the labor certification process and forego the requirement of a job offer. People who qualify for this visa are usually at the top of their field. If you are an extremely talented alien, you may qualify for this visa.

    Outstanding Professor/Researcher (EB1):
    This category is for "outstanding" academicians - professors and researchers who can establish a high level of achievement in their fields. If you have an institution of higher education or a research facility willing to be your sponsor, this would be the visa to consider.

    Multinational Executives/Managers (EB1):
    This immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies.

    If you have worked as a manager in a U.S. company and a foreign company which are related, you can obtain your green card as a Multi-National Manager. People who come to the United States on L-1 visas can usually apply for this type of visa for the Green Card. It does not require a large amount of investment and it is a permanent Green Card rather than a “conditional” one (unlike with the investor visa). If you qualify, it is one of the best types of visas to obtain.

    EB-2 Professionals with advanced degrees or persons with exceptional ability

  • Foreign nationals of exceptional ability in the sciences, arts or business

  • Foreign nationals that are advanced degree professionals

  • Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.
  • Advanced Degree Professional (EB2)
    This immigrant visa category is for “members of the professions holding advanced degrees,” and “aliens of exceptional ability.”

    EB-3 Skilled or professional workers

  • Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)

  • Foreign national skilled workers (minimum two years training and experience)

  • Foreign national unskilled workers
  • EB-4 Special Immigrants

  • Foreign national religious workers

  • Employees and former employees of the U.S. Government abroad
  • EB-5 Immigrant Investors

  • Foreign national financial investor

    Labor certification is a statement from the U.S. Department of Labor (DOL) that a particular position at a particular company is “open” because no U.S. workers who satisfy the minimum requirements for the job are available. A labor certification from the U.S. DOL is the necessary first step in most employment-based immigrant visa petitions. To protect against displacement of American workers, immigration law requires that an employer get a labor certification before filing an immigrant visa petition on behalf of a foreign worker. Most applicants will need to obtain a labor certification before applying for a green card.

    To obtain labor certification, an employer and a foreign national employee together submit an application to the state Department of Labor (“DOL”). The state DOL reviews the applications and then forwards their recommendations to the U.S. DOL.

    Both the employer and the foreign national employee will need to meet various requirements. Additionally, the employer will need to place advertisements in various forms of media, and must promptly interview all seemingly qualified applicants. The employer then files a recruitment report with the local DOL explaining why the ad placement was appropriate, who applied for the job, if any, and why these people were not qualified.

    The DOL will review the recruitment report. If the recruitment report succeeds in convincing the DOL that appropriate recruitment was conducted and no minimally qualified Americans were available for the position, the U.S. DOL issues a labor certification.

    Once the labor certification has been issued, the employment petition and Green Card application must be submitted to the BCIS, and ultimately the foreign national employee may obtain permanent residency in the U.S.

    There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased.

    The Bócsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures.

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