Employment-Based Permanent Residents
Immigration Lawyer in Cleveland
Of all the thousands and thousands of people who immigrate to the United States every year, a large percentage of them do so through employment. In fact, the two primary routes for immigration are through family and employers.
If you are hoping to obtain a green card and become a lawful permanent resident, then the fact that you have an offer of long-term employment can work to your advantage. The employer will have to fill out an Immigrant Form I-140, Petition for Alien Worker to sponsor you for permanent residence. Once this has been approved, you can become a permanent resident through an adjustment of status or consular processing, depending on whether you are currently in the United States or if you currently reside abroad.
Types of Employment-Based Visas
This category is reserved for individuals who possess extraordinary ability in the arts, sciences, education, athletics, or business. You must be able to demonstrate that you possess such ability through documentation of national or international acclaim and recognition. Workers who can fulfill these requirements are in such high demand in the U.S. that it is not necessary for you to already have an offer of employment; and you can even submit your own I-140 petition. The priority worker category also includes outstanding professors and researchers, as well as managers and executives of multinational corporations. Priority workers receive 28.6% of all employment-based visas every year.
If you have achieved an advanced degree - which is anything beyond a baccalaureate - or have received a B.A. and have spent at least five years working in the profession, then you may be eligible for the second category of employment immigration visa. This category is also intended for individuals who possession exceptional ability in the sciences, business, or arts. EB-2 visas constitute another 28.6% of employment immigration visas.
Skilled workers who hold positions that require at least two years of training or experience, professionals who require a baccalaureate degree, and unskilled workers filling non-temporary positions are all grouped together in the third visa category, which receives 28.6% of the annual allocation.
The fourth category of employment-based immigration visa includes a wide variety of special circumstances, such as religious ministers, certain broadcasters, former employees of the U.S. government in the Panama Canal Zone, and Iraqi and Afghan translators. Only 7.1% of employment immigration visas are allocated to this category.
The fifth category is reserved for business investors who are planning to invest sums ranging between from $500,000 to $1 million or more in a new business that will employ a minimum of 10 U.S. workers on a full-time basis. This category is intended to make it easier for foreign nationals to make significant contributions to the economy in this country. This category is limited to 7.1% of all employment-based immigration visas every year.
Let Us Guide You Through the Process
Brown Immigration Law can assist you with every aspect of applying for an employment-based immigration visa, and we represent both individuals and businesses. One of the most challenging steps for employers is the labor certification process, which requires you to demonstrate that you cannot hire anyone from the local labor pool to fill the position. We know how to get results in labor certification and overcome similar barriers to help you expedite the processing times of these applications.
Contact an Ohio immigration attorney now for a consultation and to get started on your application.
Our Legal Team