Employment Based Immigration
The U.S. issues two types of visas to foreign nationals: Immigrant Visas and Nonimmigrant Visas. Immigrant visas are designed for those who intend to relocate permanently to the U.S.; whereas, nonimmigrant visas are temporary in nature.
Nonimmigrant Visas
When it comes to nonimmigrant employment based immigration, there are many options, including, but not limited to:
Obviously, this is not an all inclusive list and many other options exist. To discuss what options are available to you, contact Matthew White of Udall, Shumway & Lyons PLC at (480) 461-5302 or mlw@udallshumway.com today!
Immigrant Visas
The U.S. currently issues up to 140,000 employment based immigrant visas a year to foreign nationals. These 140,000 visas are allocated to different preference categories. The most common employment based preference categories utilized are: (1) Priority Workers (Aliens of Extraordinary Ability, Outstanding Professors and Researchers, Multinational Executives and Managers); (2) Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability; and (3) Skilled Workers, Professionals, and Other Workers, commonly referred to as EB-1, EB-2, and EB-3 preference categories respectively.
Under the Immigration and Nationality Act, most employment based visas require a three step process: (I) Labor Certification; (II) Petition for Alien Worker; and (III) Application for Adjustment of Status.
- I. Labor Certification
Most employment based cases require certification from the Department of Labor showing that there are no available, qualified U.S. workers to do the job offered the foreign national before an immigrant visa will be made available to the foreign national. The process of obtaining the Department of Labor’s certification is known as the Labor Certification process.
The Labor Certification process requires a petitioning employer to satisfy the Department of Labor that there are no minimally qualified U.S. workers who could perform the job being offered the foreign national, as it existed when the foreign national was first hired by the petitioning employer. In order to accomplish this, the petitioning employer must recruit qualified individuals to fill the position.
- II. Immigrant Petition for Alien Worker
All employment-based cases require an Immigrant Visa Petition (Form I-140) to be filed with U.S. Citizenship and Immigration Services to determine what preference category the foreign national will be placed in. The assignment of a preference category will determine visa availability and wait times.
- III. Application for Adjustment of Status
The final step in the immigrant visa process is to apply for adjustment of status to that of a lawful permanent resident (“green card”) with U.S. Citizenship and Immigration Services.
Although this is the typical process for obtaining an immigrant employment based visa, the process can differ significantly depending on the facts of a particular case. For more information regarding employment based immigration, contact Matthew White of Udall, Shumway & Lyons PLC at (480) 461-5304 or mlw@udallshumway.com today!
Disclaimer/Reminder
The information provided herein is for informational purposes only and does not constitute legal advice. Udall, Shumway & Lyons PLC strongly recommends that individuals with immigration related matters retain the services of competent immigration counsel, such as Udall, Shumway & Lyons PLC, as general information of this nature can never replace informed counsel when specific immigration-related guidance is needed. Udall, Shumway & Lyons PLC in no way intends to create an attorney-client relationship with any individual who may read this document by simply providing this information.
Nonimmigrant Visas
When it comes to nonimmigrant employment based immigration, there are many options, including, but not limited to:
Obviously, this is not an all inclusive list and many other options exist. To discuss what options are available to you, contact Matthew White of Udall, Shumway & Lyons PLC at (480) 461-5302 or mlw@udallshumway.com today!
Immigrant Visas
The U.S. currently issues up to 140,000 employment based immigrant visas a year to foreign nationals. These 140,000 visas are allocated to different preference categories. The most common employment based preference categories utilized are: (1) Priority Workers (Aliens of Extraordinary Ability, Outstanding Professors and Researchers, Multinational Executives and Managers); (2) Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability; and (3) Skilled Workers, Professionals, and Other Workers, commonly referred to as EB-1, EB-2, and EB-3 preference categories respectively.
Under the Immigration and Nationality Act, most employment based visas require a three step process: (I) Labor Certification; (II) Petition for Alien Worker; and (III) Application for Adjustment of Status.
- I. Labor Certification
Most employment based cases require certification from the Department of Labor showing that there are no available, qualified U.S. workers to do the job offered the foreign national before an immigrant visa will be made available to the foreign national. The process of obtaining the Department of Labor’s certification is known as the Labor Certification process.
The Labor Certification process requires a petitioning employer to satisfy the Department of Labor that there are no minimally qualified U.S. workers who could perform the job being offered the foreign national, as it existed when the foreign national was first hired by the petitioning employer. In order to accomplish this, the petitioning employer must recruit qualified individuals to fill the position.
- II. Immigrant Petition for Alien Worker
All employment-based cases require an Immigrant Visa Petition (Form I-140) to be filed with U.S. Citizenship and Immigration Services to determine what preference category the foreign national will be placed in. The assignment of a preference category will determine visa availability and wait times.
- III. Application for Adjustment of Status
The final step in the immigrant visa process is to apply for adjustment of status to that of a lawful permanent resident (“green card”) with U.S. Citizenship and Immigration Services.
Although this is the typical process for obtaining an immigrant employment based visa, the process can differ significantly depending on the facts of a particular case. For more information regarding employment based immigration, contact Matthew White of Udall, Shumway & Lyons PLC at (480) 461-5304 or mlw@udallshumway.com today!
Disclaimer/Reminder
The information provided herein is for informational purposes only and does not constitute legal advice. Udall, Shumway & Lyons PLC strongly recommends that individuals with immigration related matters retain the services of competent immigration counsel, such as Udall, Shumway & Lyons PLC, as general information of this nature can never replace informed counsel when specific immigration-related guidance is needed. Udall, Shumway & Lyons PLC in no way intends to create an attorney-client relationship with any individual who may read this document by simply providing this information.