Employment-Based Immigration Attorney

Many people move to the U.S. for employment opportunities and may decide to relocate their families permanently.  There are approximately 140,000 employment-based immigration visas that are made available each fiscal year by the United States government.  Within this total, there are several categories of applicants, but we’ll deal with the first three here.  The applications are handled in chronological order, and once the annual amount allotted for each category is reached no further immigrations will be allowed.

First Steps To Apply

In many cases, the applicant’s employer must first do some legwork before the immigrant in question can do their application.  The applicant’s employer must get labor certification approval from the Department of Labor.  Next, the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.

Preference Categories

As mentioned, we will only be dealing with the first three preference categories.  Each will be summarized below.

Employment First Preference (E1)

This category includes people with extraordinary skills in sciences, arts, education, business, or athletics; outstanding professors and researchers with at least three years in teaching or research; and multinational managers and executives.

For the first two subcategories lists, these people should be internationally known or recognized in their fields.  All subcategories listed must be shown to be coming to the United States to continue working in their chosen field or profession.

Employment Second Preference (E2)

This category includes those who hold an advanced degree beyond a baccalaureate degree; and those with exceptional ability in the sciences, arts, or business.  For those in the first subcategory, they could also have a baccalaureate degree along with at least five years of progressive experience in their profession.  For those in the second subcategory, they need to have a degree of expertise that is significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (E3)

This category encompasses people who are skilled workers; those who are professionals; and those who are unskilled workers.  A ‘skilled worker’ is one whose work requires a minimum of 2 years of training or experience that are not temporary or seasonal in nature.  A ‘professional’ is one whose job requires at least a U.S. Baccalaureate or an equivalent foreign degree.  Unskilled workers’ are those who can perform work that requires less than 2 years of training or experience and is not temporary or seasonal in nature.

Next Steps In Application

Once the USCIS has approved the petition the next steps of the process will depend on different factors: If the Applicant is in the U.S or abroad, and if the priority date for the specific category is current or not.  If the priority date is current and the applicant is abroad- the case will be transferred to the National visa center.  The applicant will then be prompted to file the Immigrant visa application (Form DS-260), send the accompanying fees,  civil documents, and more. After all, is in order, the applicant will be invited to an interview at the consulate/embassy of his home country.
If the applicant is in the U.S in valid status, and the priority date is current- the applicant can proceed to file for an Adjustment of Status application in the U.S. In most cases, the applicant will be called for an Interview on his application.


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