Many companies in the United States benefit from having foreign workers, either on a seasonal or temporary basis or as long-term hires. On the other hand, many foreign nationals benefit from employment opportunities in the U.S., whether they plan to return home after the job or emigrate indefinitely.
In either situation, parties must obtain the necessary immigration documents and status for a lawful employment relationship. Always seek help from an employment immigration lawyer in zipcode 60181.
Employment-based immigration to the United States allows foreign nationals to come to the country to work and contribute to the economy. There are various categories of employment-based immigration, each with its own requirements and eligibility criteria.
EB-1: Priority Workers – This category is for individuals with extraordinary ability in different areas, including the sciences, arts, business, athletics, or education; aso includes outstanding professors, managers, researchers, and multinational executives.
EB-2: Professionals with Advanced Degrees or Exceptional Ability – This category is for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. It also includes National Interest Waivers (NIW), which are granted to individuals whose work is deemed to be in the national interest of the United States.
EB-3: Skilled Workers, Professionals, and Other Workers – This category is for individuals with two or more years in a skilled trade or profession, individuals with a bachelor’s degree or equivalent, and other workers who perform unskilled labor.
EB-4: Special Immigrants – This category is for certain special immigrants, including religious workers, employees of U.S. foreign service posts, and retired employees of international organizations.
EB-5: Immigrant Investors – This category is for individuals who invest at least $1.8 million in a new commercial enterprise, which must create at least ten full-time jobs for U.S. workers.
To apply for employment-based immigration, the employer or sponsor must file a petition on behalf of the foreign national with the U.S. Citizenship and Immigration Services (USCIS). The requirements for each category vary, but generally, the employer must provide evidence that the position offered to the foreign national requires specialized knowledge, education, or experience that is not readily available in the United States.
Once the petition is approved, the worker can apply for an immigrant visa or adjustment of status to get a green card. Some categories of employment-based immigration have annual numerical limits, which can create a backlog and result in longer waiting times.
Employment-based immigration is a valuable way for foreign nationals to come to the United States to work and contribute to the economy. If you are interested in employment-based immigration, it is important to work with an experienced immigration lawyer who can help you navigate the complex process and ensure that your application meets all requirements.
If you wish to sponsor an employee to work in the U.S. or you wish to apply for a visa to come work in the U.S. yourself, get the legal help you need by getting in touch with Minsky McCormick & Hallagan today. Speaking to an employment immigration attorney law firm is a good move to make.