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.
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