Each year, approximately 140,000 employment-based visas are available to qualified applicants seeking to work and live in the U.S. However, the process must be followed precisely to increase your chances of success.
At Rhodes Immigration Law Office, our team of immigration attorneys frequently assists individuals pursuing green card status through employment. If you have questions about your eligibility, reach out to an employment-based immigration lawyer in The Woodlands for help.
Employment-based immigration allows foreign workers to move to the U.S. for work. To be considered for an immigrant visa for some categories, the applicant’s prospective employer must first obtain a labor certification approval from the Department of Labor. They may also need to file paperwork with the U.S. Citizenship and Immigration Services (USCIS).
A business immigration lawyer in The Woodlands can help guide both employers and employees through this complex process.
For employment-based immigration, there are five preference categories based on the applicant’s skills and qualifications. An experienced employment-based immigration attorney in The Woodlands can help applicants determine which category applies to them and file for the appropriate visa type.
The first preference category, or E-1 visa, is reserved for applicants with “extraordinary ability” in the sciences, arts, education, business, or athletics. Applicants in this category must supply convincing evidence showing sustained national or international acclaim and recognition in their fields of expertise. E-1 applicants do not need job offers as long as they are entering the U.S. to continue work in the same field.
Outstanding professors and researchers who are internationally recognized and coming to the U.S. to work at a university or other higher education institution may also qualify for the E-1 visa. In the business world, multinational managers or executives from some employers could also be eligible, but must have a job offer and be sponsored by an employer.
Applicants for the E-2 or second-preference visa are typically professionals with advanced degrees or individuals with “exceptional ability” in the sciences, arts, or business. These applicants must have a job offer and be sponsored by an employer in the U.S. They represent one of the largest categories of immigrants, receiving almost 30 percent of the yearly allotment of employment-based immigration visas.
There are three subgroups in the third preference category. The first is skilled workers with at least two years of training or work experience. The second group consists of professionals with at least a four-year college degree. The third group consists of unskilled workers capable of filling positions that require less than two years of training or experience. None of these workers can be temporary or seasonal workers, and they need job offers and sponsorship from a U.S. employer.
E-4 preference is sometimes called the Special Immigrant group. It applies to ministers and other religious workers, employees of international organizations, current and former employees of the U.S. government, and various other applicants. E-4 applicants must file a petition, but do not require labor certification.
Finally, the E-5 Immigrant Investor visa category is for foreign investors who provide capital for new commercial enterprises in the U.S. To qualify, applicants must invest at least $1,000,000 in a qualified business or $500,000 if the business is in a high-unemployment or rural area.
For many applicants, an employment-based visa is the best way to immigrate to the U.S. With an approved petition, certain family members may even be able to join you, but the help of an employment-based immigration lawyer in The Woodlands increases the likelihood of success.
If you have questions about your visa application, we can help. Reach out to our dedicated immigration attorneys at Rhodes Immigration Law Office today to learn more.
