Employment Based Immigration
United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. A temporary (nonimmigrant) worker is an individual seeking to enter the United States temporarily for a specific purpose, and for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued. Employers must verify that the intended employee is authorized to accept employment in the United States, which generally requires filing for an immigrant visa (Form -140, Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security along with approved labor certification obtained through Department of Labor. If the labor certification is not required, the I-140 petition becomes the initial filing. The I-140 petition is filed to classify a foreign national under one of the three categories: Employment-based first preference (EB-1)—priority workers comprising aliens with extraordinary abilities, outstanding professors and researchers, and certain multi-national executives and managers; Employment-based second preference (EB-2)—members of the professions with advanced degrees or the equivalent or aliens of exceptional ability in the sciences, arts or business; and Employment-based third preference (EB-3)—professionals, skilled workers (jobs requiring two years or more training or experience), or unskilled workers (jobs requiring less than two years training or experience). The U.S. Immigration employment visa and green card process is highly complex and requires working with various U.S. government agencies. Please contact us for a consultation to help you determine which employment visa serves the particular qualifications and professional duties.