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Employment Visa Attorneys in New Jersey, New York and Indiana

Many immigrants come to the United States seeking employment either because jobs are scarce in their homelands or because wages are considerably higher in the United States. Each fiscal year, approximately 140,000 employment-based immigrant visas are granted under U.S. immigration law provisions to qualified applicants. There are five categories of employment visas, each with different criteria.

Employment First Preference (EB-1)

More than a quarter of the annual employment-based immigrant visas are in this category. They are divided into three subcategories: [1] persons with extraordinary ability in the sciences, education, arts, business or athletics [2] outstanding professors and researchers and [3] multinational managers or executives. While there are similarities among the three subcategories, individuals applying for each type of visa must meet distinctive criteria.

  1. Individuals with extraordinary ability in the sciences, arts, education, business, or athletics are required to provide extensive documentation showing sustained national or international acclaim and recognition in their field of expertise. Although they needn't have specific job offers, they must provide evidence that they are entering the U.S. to continue to work in their field. 
  2. Outstanding professors and researchers must not only have at least 3 years of experience in teaching or research, but must be internationally recognized. Applicants in this category are required to be coming to the U.S. to pursue tenure track teaching or a research position at a university or other institution of higher learning. In this case, their prospective employer must provide a job offer. 
  3. Multinational managers or executives who want to reside in the U.S. for some period of time have to meet the following requirements:
  • Been employed for at least 1 of the 3 preceding years by the overseas affiliate, parent company, subsidiary, or branch of the U.S. employer
  • Must have occupied a managerial or executive position at home and must be coming to work in such a capacity in the U.S
  • Must have proof of a permanent and full-time job offer by a prospective U.S. employer 

Employment Second Preference (EB-2)

To obtain an EB-2 visa, an applicant must have a job offer and be a professional of exceptional ability, holding an advanced degree. If it is deemed in the national interest, an exception may be made and the employee may apply for a National Interest Waiver, in which case he or she may self-petition. More than a quarter of yearly employment-based immigrant visas are distributed as EB-2s. 

The two subgroups within this category are: [1] professionals holding an advanced degree or a baccalaureate degree plus at least 5 years of advanced experience in their chosen field and [2] individuals with exceptional ability in the sciences, arts or business.

Employment Third Preference (EB-3)

Third preference applicants must have labor certification approved by the Department of Labor. More than a quarter of annual employment-based immigrant visas distributed are in this category. The subcategories of third preference applicants are: 

Skilled workers whose jobs require a minimum of 2 years of training or work experience and are not  temporary or seasonal
Professionals whose professions require at least a baccalaureate degree from a U.S. institution of higher learning or its foreign equivalent
Unskilled workers whose jobs are not temporary or seasonal and whose positions require less than 2 years of training or experience

Employment Fourth Preference (EB-4)

EB-4 visas are designed for certain special immigrants and are distributed to only about 7 percent of annual employment-based immigrants. There are a great many subgroups in this category, including certain:

  • Broadcasters in the U.S. employed by the International Broadcasting Bureau of Governors or a grantee of such an organization
  • Ministers of religion and religious workers
  • Employees or former employees of the U.S. Government Abroad
  • Former employees of the Panama Canal Company or Canal Zone Government
  • Iraqi and Afghan interpreters or translators who have worked directly with the U.S. Armed Forces for at least 12 months
  • Iraqi and Afghan nationals who have provided faithful and valuable service while employed by, or on behalf of, the U.S. government in Iraq during
  • particular periods of time
  • Foreign medical graduates
  • Retired international organization employees
  • Unmarried children of international organization employees
  • Surviving spouses of deceased international organization employees
  • Immigrant juveniles
  • Persons recruited outside of the U.S. who have enlisted or served in the U.S. Armed Forces
  • Retired NATO-6 civilians, their unmarried children and their surviving spouses
  • Beneficiaries of petitions or labor applications filed prior to 9/11/01 if the petition was rendered void by a terrorist attack on that date

Employment Fifth Preference (EB-5)

EB-5 visas are for immigrant entrepreneurs or investors. They are available to foreign investors who wish to make capital investments in new U.S. commercial enterprises that will create new jobs.

In order to obtain an employment-based visa, you must have a valid passport, identifying photographs, civil documents (like birth and marriage certificates) and any necessary translating documents. You must also be able to demonstrate that you (and your family if they are accompanying you) will be self-supporting and not require public assistance from the U.S. Moreover, you (and any family members joining you) must pass a complete medical exam and have any necessary vaccinations or inoculations. In addition to all necessary documentation, you must be prepared to pay the required fees needed to process your application.

If you are seeking an employment-based visa, your relatively secure livelihood probably depends on receiving one. In such cases, consulting with an experienced immigration and nationality attorney can be invaluable in clarifying your options and helping you to move the process along.

National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area and the Hudson Valley, including residents of Ridgewood, Newark, and Jersey City, Burlington County, Bergen County, Camden County, Cumberland County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Salem County, Union County, northern New Jersey, southern New Jersey, central New Jersey, NJ; New York City, Rockland County, Orange County, Westchester County, Kings County, Sullivan County, Ulster County, New York, NY; Chicago, Illinois, IL; and Toronto and Montreal, Canada. Our nationwide practice focused on quality legal representation and personal service.
Notwithstanding any statements contained in this website, results may vary depending on your particular facts and legal circumstances.
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