Hammond Employment Immigration Attorney

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Hammond Employment Immigration Attorney

The U.S. allots only 140,000 permanent residency spots for foreign nationals to come to the U.S. to work each year, and every year it becomes more and more difficult to get workers here; not only because there are an increasing number of applicants; but because immigration seems to become more and more controversial in general in the U.S.

If you are an employer or individual seeking services in employment immigration, working with an experienced employment immigration attorney who helps businesses and individuals every day with these applications and in ensuring that the process is successful can make all the difference in the world. Our firm has more than 40 years of experience assisting employers and individuals with employment-based immigration. Contact our Hammond Employment Immigration Attorneys today to find out how we can help you.

“First Preference”

Under the Immigration and Nationality Act, there is a maximum of 140,000 visa “spots” that are split into different preference categories, some of which require labor certification, and some require that a petition is filed. Within the “first preference” group (EB-1), there are three subcategories, each of which requires the immigrant petition, Form I-140:

  • Individuals of extraordinary ability: A specific job offer is not required so long as you have significant documentation of national or international acclaim and recognition in your industry, whether that be the arts, business, education, or sciences;
  • Executives and managers: You must have a job offer from an employer and have been employed in by the foreign branch or subsidiary;
  • Outstanding professors and researchers: You must have a job offer and at least three years experience in teaching or research, and be recognized internationally.

“Second Preference”

“Second Preference” applicants (EB-2) do need to have a labor certification via the Department of Labor (unless they have a Schedule A designation or can show that they qualify for a “shortage occupation”) as well as a job offer. Within this group, there are two subcategories:

  • Individuals with “exceptional ability” in the arts, business, or science; and
  • Professionals with an advanced degree or Bachelor’s degree and at least five years’ experience in the field.

National Interest Waiver

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.”

“Third Preference”

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 can show that they are eligible for a “shortage occupation”). There are three subcategories within this group:

  • Workers capable of filling positions that require less than two years’ experience or training;
  • Professionals with a Bachelor’s degree; and
  • Skilled workers capable of a job that requires at least two years experience or training.

“Fourth Preference”

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:

  • Broadcasters employed by the International Broadcasting Bureau of the Broadcasting Board of Governors;
  • Certain employees or former employees of the U.S. government abroad;
  • Employees of the mission in Hong Kong; and
  • Ministers of Religion.

“Fifth Preference”

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.

Contact Our Hammond Employment Immigration Attorneys

In order to obtain an employment-based green card, your employer must go through an extensive process which is beyond difficult without the assistance of an experienced employment immigration attorney. Contact our experienced Hammond employment immigration attorneys today to find out how we can help you with this process.