Practice Areas

Permanent Work Visas

Employment Based Immigration

An immigrant is a foreign national who has been authorized to live and work permanently in the United States. Immigration for employment based reasons is one of the more popular ways to immigrate to the U.S. Generally, the process for employment based immigration is as follows:

• First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
• Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
• Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

Categories of Employment Based Immigration

There are five categories by which a foreign national may seek employment based immigration. The categories are often abbreviated EB-1, EB-2, EB-3, EB-4, and EB-5. Please click on each category for specific requirements.

EB-1 Priority Workers

• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• Foreign national that are outstanding professors or researchers
• Foreign nationals that are managers and executives subject to international transfer to the United States

EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability

• Workers who are members of the professions holding advanced degrees or their equivalent, and
• Workers who have exceptional ability in the sciences, arts, or business and will substantially benefit the U.S.

EB-3 Skilled or Professional Workers

• Professionals with bachelor's degrees (not qualifying for a higher preference category)
• Skilled workers (minimum two years training and experience)
• "Other" workers

EB-4 Special Immigrants

• Religious workers

EB-5 Employment Creation

• Entrepreneurs who invest at least $1,000,000.00 in businesses that employ at least 10 American citizens.

If you have any questions about immigrant visas please contact us and we will be happy to answer any questions you might have.