Employment-Based Immigration Attorneys

Many people want to acquire permanent residency status in the U.S. because permanent residents enjoy a variety of rights and privileges. One of the most widely-used methods to obtain permanent residency in U.S. is the Employment-Based immigration category. You are eligible to apply for permanent residency under this category if:

The general procedure to apply for an Employment-Based Visa is:

  1. Your employer in the U.S. must first determine if you are eligible for lawful permanent residency (LPR) according to the norms set by United States Citizenship and Immigration Services (USCIS).
  2. In most cases, your employer must submit a completed labor certification request (Form ETA-750) for you, to the Department of Labor’s (DOL) Employment and Training Administration. The DOL will either grant or deny the certification request.

Note : Qualified alien physicians who will practice medicine in an area certified as ‘underserved’ by the U.S. Department of Health and Human Services do not need a Labor Certification.

  1. Once the Labor Certification is granted, your employer will submit an immigrant visa petition (Form I-140, Petition for Alien Worker) at a USCIS service center on your behalf. USCIS must approve the petition. The employer acts as the sponsor (or petitioner) for you (the beneficiary).
  2. Once the petition is approved, the Department of State (DOS) gives you an Immigrant Visa Number (even if you are already in the U.S.), indicating that an immigrant visa will be assigned to you soon. You can check on the status of your visa number in the Visa Bulletin published by the DOS.
  3. After you get your visa number:
    • If you are already residing in the U.S., you must apply for a change to Permanent Resident status.
    • If are outside the U.S., you will be notified and must complete the process at your local U.S. Consulate office.

There are five categories for employment-based immigration. Please click on the category that best suits you on the menu to the side for more details regarding eligibility and procedures.

EB-1 Priority Workers:

  1. Individuals with extraordinary ability in the sciences, arts, education, business or athletics.
  2. Outstanding professors or researchers.
  3. Managers and executives transferred to the U.S.

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

  1. Individuals with exceptional ability in the sciences, arts or business.
  2. Professionals with advanced degrees.
  3. Qualified Physicians intending to practice medicine in underserved areas.

EB-3 Skilled or Professional Workers:

  1. Professionals with bachelor’s or equivalent degrees.
  2. Skilled workers with at least two years experience.
  3. Unskilled workers.

EB-4 Special Immigrants:

  1. Religious workers.
  2. Employees and former employees of the U.S. Government abroad.

EB-5 Immigrant Investors:

  • Individuals who want to set up a new commercial enterprise.
  • Individuals who are in the process of investing or have invested in a new commercial enterprise.

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