Employment-Based Immigration

Employment-based immigrant visas are one of the primary ways of gaining permanent residence in the United States. Salmón-Haas can help you with any employment-based immigration items you need. With years of experience under their belt, they can help you fight to get the best outcome possible. Salmón-Haas want to make sure that you can get the results you need for your life.

How does Employment-Based Immigration Work?

Once you are employed by a U.S.-based company, the employer will petition on your behalf to the United States Center for Immigration Services (USCIS). USCIS will grant you permanent resident status if you qualify under one of the following categories.Employment visas consist of five categories.

Employment First Preference (EB-1)

This one is primarily for people at the highest levels. Anyone who receives this possesses "extraordinary abilities" within the arts, education, business, or athletics. Additionally, this level is reserved for executives and managers from international areas looking to do business in the United States. Also, the EB-1 visa is held for outstanding professors and educators who have demonstrated valuable teachings to the world at large. The EB-1 is only for this bracket. There are roughly 40,000 visas per year handed out to those who qualify for EB-1 status.

Employment Second Preference (EB-2)

The EB-2 visa is reserved for any person with a degree in the arts, education, business, or athletics. Preferential treatment is given to those who have demonstrated above average abilities within their field and have left a lasting impression. Those that qualify for the EB-2 must contend with the other 40,000 applicants who will receive the visa each year. People who qualify for EB-2 must obtain a labor certification. This is not something a person applying for an EB-2 can obtain by himself. Only an employer can apply for the labor certificate. Once granted, the application for an EB-2 can be completed.

Employment Third Preference (EB-3)

EB-3 are one of the most common applications that are received. This is for those who are considered skilled workers in their trade. Preferential treatment is given to skilled laborers who hold a Bachelor's Degree. There are some cases where unskilled workers with less than two years of experience also receive an EB-3. Again, only 40,000 visas per year are handed out. If you are an unskilled worker and are applying, only 10,000 visas a year are given. On top of this, a labor certification is required for complete authorization. While difficult, it is not impossible to achieve.

Employment Fourth Preference (EB-4)

The EB-4 class is set aside for certain special categories of employment. EB-4s have been extended to language translators (many from Iraq and Afghanistan), medical professionals such as doctors, international organization members like those of NATO, religious workers, and Armed Forces personnel. Also, anyone who qualifies as a broadcaster from another country can apply for an EB-4 visa.

Employment Fifth Preference (EB-5)

There is a particular class of immigrant visas reserved for those that want to do business in the United States. The EB-5 is for those who wish to create an economic impact with the United States. If they have every intention of creating jobs through businesses in the U.S., they are given an EB-5.

These investors do have several requirements to qualify. The company they intend to run must have ten full-time employees starting off. Additionally, they must be able to fund $1 million into the business directly, or $500,000 if invested in rural or high-unemployment areas. The intention is to attract foreign investment and entrepreneurship to the American economy, benefitting both the EB-5 recipient and the United States.

Employment-Based Immigration Rules

Visa application may vary depending on nationality and employment category. Additionally, employment-based visas typically require that an employer sponsor your petition. The visas above can depend upon receiving a labor certification.Unlike employment-based temporary visas like H-1B or L-1, employment-based immigration allows you to enter the United States in permanent status. As a permanent resident, you may apply for citizenship within five years.

Also, if you are successful in gaining an employment-based visa, the benefits extended to you can be extended to your family. You are allowed to take spouses and children with you when entering the country. When they are admitted, they are afforded permanent resident status as well.

The immigration lawyers of Salmón-Haas are experienced with immigration issues. Contact us for your free consultation.