Employment Based Immigration

One way that you can immigrate to the United States is through employment based immigration. Broadly speaking, employment based immigration is when a foreign citizen wants to come to the United States to work for a U.S. employer. The employer will sponsor the employee, and the employee will apply for an employment-based visa.

Filing a Petition

Step 1: The applicant’s prospective employer must obtain a labor certification approval from the Department of Labor (DOL).

The DOL must issue a permanent labor certification. This will allow an employer to hire a foreign worker to work permanently in the United States. Before a certification can be granted by the DOL, the United States Citizen and Immigration Services (USCIS) requires certification that:

• There are not U.S. workers who are able, willing, qualified, and available to accept the job.
• Employing a foreign worker will not adversely affect wages and working conditions for U.S. workers who are already employed in similar positions.

Step 2: The prospective employer fills out Form I-140 to petition for a noncitizen worker to become a permanent resident in the United States.

This form has a filing fee of $700 and must be filed per person. Once completed, it can be packaged with other forms that may be necessary (like the G-28 and G-1145). Certain applications are given priority depending on what category they fit into (see preference category section below).

Step 3: USCIS approves the petition and sends it on to the National Visa Center (NVC).

After the USCIS approves the petition and sends it on, the NVC will process the petition. The applicant may be required to fill out additional forms, including immigrant visa documents, application forms, civil documents, and more. With the additional forms, there may also be additional fees.

An Overview of the Preference Categories

Every fiscal year, the United States offers around 140,000 employment-based visas to foreign applicants. There are 5 preference categories. In almost every case, your prospective U.S. employer must file Form I-140, Immigrant Petition for Alien Worker with the USCIS on your behalf. Below is a chart showing the preference categories, followed by a more in-depth description of each category.

EB-1: Priority Workers & Persons of Extraordinary Ability

This preference category has three subcategories:

• Persons with Extraordinary Ability—To qualify for this subcategory, you must have an extraordinary ability in one of the following fields: athletics, the arts, business, education, or the sciences. For your skill to be considered “extraordinary,” you must have documentation that shows you have sustained national or international acclaim in your field. You do not need a specific job offer to enter the United States under this subcategory, but you must continue working in your field upon entering. If you qualify for this subcategory, you may file your petition (Form I-140).
• Outstanding Professors and Researchers—To qualify for this subcategory, you must be internationally recognized and have at least 3 years of experience in either teaching or research. You will need a job offer from your prospective employer. You must be coming to the United States to pursue tenure or a comparable position at an institution of higher education.
• Multinational Managers and Executives­—To qualify for this subcategory, you must have been employed by an overseas affiliate, parent, subsidiary, or branch of your prospective U.S. employer. You also had to have held a managerial or executive role and you must be immigrating to the U.S. to work in the same kind of role. You must have a job offer from your prospective employer.

EB-2: Professionals holding Advanced Degrees & Persons of Exceptional Ability

In order to qualify for this preference category, you must have an approved labor certification from the Department of Labor and a job offer. This preference category has two subcategories:

• Professionals holding an Advanced Degree—Your degree must either be something beyond a baccalaureate degree, or it must be a baccalaureate degree with an additional 5 years of experience in the field.
• Persons with Exceptional Ability—To qualify for this subcategory, you must have an exceptional ability in either the arts, business, or the sciences. You also need to have a degree of expertise that’s significantly higher than what’s expected in the arts, business, or the sciences.

EB-3: Skilled Workers, Professionals, & Other Workers

In order to qualify for this preference category, you must have an approved labor certification from the Department of Labor and your prospective employer must file Form I-140 on your behalf. This category has three subcategories:

• Skilled Workers—A skilled worker is a person with at least two years of training and/or work experience that is not temporary or seasonal.
• Professionals—A professional is a person whose job requires at least a bachelor’s degree from a U.S. college or university (or its foreign equivalent degree).
• Unskilled Workers/Other Workers—An unskilled worker/other worker is a person capable of working in a position that requires less than two years of training and/or work experience that is not temporary or seasonal.

EB-4: Certain Special Immigrants

To qualify as an EB-4, you must be the beneficiary of an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Some exceptions exist. This category covers a wide range of subcategories including but not limited to what is listed below.

• Broadcasters employed by the International Broadcasting Bureau of the Broadcasting Board of Governors
• Ministers of religion and certain religious workers
• Certain employees or former employees of the U.S. Government Abroad
• Certain foreign medical graduates
• Certain retired employees of international organizations
• Special immigrant juveniles
• Persons recruited outside of the U.S. who have served or enlisted with the U.S. Armed Forces
• And much more.

EB-5: Immigrant Investors

To qualify for this preference category, you must be a capital investor in a new commercial enterprise in the U.S. that will provide new jobs in the U.S. For more on Immigrant Investor Visas, visit the Department of State’s website.

Call Cornerstone Law Firm for help.

If you need help with immigration, call Cornerstone Law Firm. Navigating the immigration process can be complicated. An experienced immigration attorney can help you to review your case and ensure you have the proper documentation in place. If you need help with employment based immigration in Reading, Allentown, or southeastern Pennsylvania, contact the immigration attorneys at Cornerstone Law Firm.