One of the most common ways in which foreign nationals come to the U.S. is via being sponsored by an employer. Under the Immigration and Nationality Act, there are 140,000 visa “spots” that are split into different preference categories, some of which require labor certification and some of which require a petition to be filed.
Below, we discuss some of your options. Still, for a complex procedure like applying for an employment-based green card, you should work with an experienced employment immigration attorney in order to ensure that the paperwork is properly filed, especially given the backlog of applications for employment-based immigration.
Within the “first preference” group (EB-1), there are three subcategories, each of which requires the immigrant petition, Form I-140:
“Second Preference” applicants (EB-2) do need to be certified by the Department of Labor (unless they have a Schedule A designation or show that they are eligible for a “shortage occupation”) as well as a job offer. Within this group, there are two subcategories:
The National Interest Waiver is also an EB-2 option and allows the applicant to bypass the labor certification and job offer requirements if they can show that their work would be in the nation’s best interest.
This group (EB-3) requires an I-140 petition filed by the employer, as well as a labor certification (unless they have a Schedule A designation or establish that they qualify for a “shortage occupation”). There are three subcategories within this group:
A “Petition for Special Immigrant” is required unless you are an overseas employee of the U.S. government, in which case you would submit a different form. Some of the subcategories include:
To qualify as an “investor,” an applicant must invest a certain amount in a U.S. commercial enterprise which creates at least 10 new jobs for lawful immigrants, U.S. citizens, or permanent resident aliens.
In order to obtain an employment-based green card, your employer must go through an extensive process that is beyond difficult without the assistance of an experienced employment immigration attorney. Contact our experienced Berrien County employment immigration attorneys today to find out how we can help you with this process.
Great work from Brittni Rivera, extremely professional. I highly recommend to go with them especially for U visa cases.
Both Jake, who has since relocated, and Lauren (current) are a saving grace to those who they’ve helped. Lauren, who I am working with currently, cannot be more attentive, understanding, and humble in the work and reassurance she gives you. She never makes you feel like you are any less due to your circumstance, she speaks to you more humanely and with compassion more than even a friend or family may. If you’re in the market for an attorney that cares, does her best to accommodate your circumstance and limitations while working your case, I can not recommend enough Lauren.…
Very intelligent, very much helpful, and always answer any question in your mind. Always immediate replies to my questions. Very much trustful. Thank u very much.
Simply put, I shouldn't be here. I had a really complex immigration case and all the firms that we consulted with told us that I virtually had no chance of staying here in the United States for my son. All except Kriezelman Burton.