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Employment-Based Immigration

Aristotle once wrote that, "The whole is greater than the sum of its parts." In the context of a nation, and particularly America, it becomes clear that our country is strengthened not only by our government and collective efforts, but also by individuals who provide unique perspectives, skills and contributions. Individual effort is what makes America strong and working together, feeding off one another, and creating more than an individual can create themself is precisely what has built this great nation.

This belief is why U.S. immigration law allows foreign citizens to live and work in the United States. As temporary workers or permanent resident workers, foreign nationals help to build our country. Employment-based immigration is, without a doubt, beneficial to the United States, but it is still a difficult and often overwhelming process. If you are an employer or a foreign national interested in employment-based immigration, the legal team atBrown Immigration Law can provide you with a depth of knowledge, insight and genuine dedication not available elsewhere.

What is employment-based immigration?

Any foreign citizen has the opportunity to live and work in the United States. Depending on their abilities and the type of employment they will be engaging in, employment-based immigration actions can differ drastically. To break down this pathway to immigration, it is best to view the process in two separate categories. This includes non-immigrants who will be working temporarily in the country, and immigrants who will be living and working in the U.S. as permanent residents.

Temporary Non-Immigrant Workers

Non-immigrants can work temporary in the United States if they can demonstrate valuable skills, abilities, education or training. In order to gain lawful entry and employment authorization, non-immigrant temporary workers must have an employer sponsor them and file a petition on their behalf. Beyond this, there are numerous procedures and requirements to be met, as well as ample evidence to be provided. Non-immigrant workers will also need to be classified into a specific visa category of temporary workers, which will ultimately determine how an issue will be handles.

Non-Immigrant Temporary Worker Visas
Depending on the purpose of a non-immigrant worker's visit and the industry in which they will be working, a specific visa category will be assigned. This can include students, media workers, investors, employees of international organizations and others. Most of these visas will require an employer to file a petition on behalf of the non-immigrant worker, with exceptions for E-1, E-2, E-3 and TN classifications and in some cases, students and exchange visitors. To learn more about non-immigrant worker visas visit our section on employment-based non-permanent residents.

Permanent Immigrant Workers

Permanent workers who can prove that they have a sufficient combination of skills, education and work experience may be able to live and work permanently in the United States. The USCIS reports that roughly 140,000 immigrant visas are available for permanent workers each year. Depending on a foreign national's abilities, education background and expected contributions, applicants will be classified into categories that vary according to preference. This means that certain preference categories will have an easier or significantly shorter process to complete in order to obtain permanent residence.

The preference categories are as follows:

  • EB1 - Priority workers with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors or researchers; and multinational executives and managers
  • EB2 - Members of professions holding advanced degrees, exceptional ability in the arts, sciences, or business
  • EB3 - Professionals, skilled workers and other workers
  • EB4 - "Special immigrants," including religious workers, employees of U.S. foreign military posts, retired international organization workers and others
  • EB5 - Business investors whose commercial enterprise employs at least ten U.S. workers

Experienced Assistance for Employers

The Florida immigration attorneys atBrown Immigration Law have provided exceptional legal assistance for a variety of employers in many different industries and sectors. Highly familiar with the non-immigrant and immigrant visa categories and the USCIS immigration procedures and requirements, you can be confident that our legal team will effectively meet your needs and goals.

Our firm also understands that while a uniquely skilled foreign worker can be a great addition, or even a necessity, to whatever your business may be, the legal process involved is often discouraging. By allowing our team to handle all the necessary work on your behalf, and keep you well informed throughout the process, you can focus on the present needs of your business knowing that we are dedicated to your interests and the strength of your company.

With attorney Robert Brown's five decades of legal experience and accomplished attorneys Rishi Oza, Aleksandar Cuic and Erin Brown, our collective efforts can save you time and frustration and swiftly bring your case to a favorable resolution.

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