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Employment Based Visas American Immigration Law Office

Employment-Based Immigration Attorney in London

Permanent Residency Through Employment

In addition to family-based immigration, foreign nationals may also obtain immigrant visas by completing the employment-based immigration process. Generally, immigration through employment requires an applicant to have a job offer from a U.S. employer. Additionally, employers must obtain Labor Certification and must file the Immigrant Petition for Alien Worker form on behalf of the foreign worker. Spouse and minor, unmarried children under the age of 21 may also apply for immigrant visas with the applicant. If you are looking to obtain employment in the US, then it is definitely in your best interests to speak with a US Immigration Lawyer in London from the American Immigration Law Office LTD.

Categories for Employment-Based Immigration

According to U.S. Citizen and Immigration Services (USCIS), there are approximately 140,000 immigrant visas available each year for foreign nationals who wish to gain permanent residency through employment. When applying, applicants will be classified into permanent worker visa preference categories based on their job skills, education and work experience. The preference categories are as follows:

First Preference EB-1
First preference is awarded to priority workers, and no Labor Certification is required. USCIS designates 28.6% of the yearly limit of employment-based immigrant visas i for the EB-1 category. This category includes:

  • Individuals with extraordinary ability in the sciences, arts, education, business or athletics;
  • Outstanding professors and researchers with at least three years' experience in teaching or research, and who are recognized internationally;
  • Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Second Preference EB-2
Labor Certification is typically required for second preference category applicants, unless they can obtain a national interest waiver. EB-2 applicants receive 28.6% of the yearly employment-based immigrant visas, in addition to any unused visas from the first preference category. EB-2 applicants must be:

  • Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession;
  • Individuals with exceptional ability in the sciences, arts or business.

Third Preference EB-3
EB-3 workers receive 28.6% of the yearly limit of employment-based immigrant visas, plus any unused visas from the first and second preference categories. Labor Certification is required. This category is reserved for:

  • Skilled workers - persons whose jobs require a minimum of two years training or work experience and are not temporary or seasonal;
  • Professionals - members of professions that require at least a baccalaureate degree from a U.S. university or college, or its foreign equivalent degree;
  • Unskilled workers (other workers) - persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Fourth Preference EB-4
Those who fall into the fourth preference category are not required to obtain Labor Certification, but must have an approved Petition for Amerasian, Widow(er) or Special Immigrant. This category is reserved for "special immigrants", which includes certain religious workers, retired employees of international organizations, employees of Foreign Service posts and other individuals who hold specific occupations.

Fifth Preference EB-5
The EB-5 preference category is for foreign investors who invest capital in new commercial enterprises in the United States. Eligible applicants must invest $1 million or $500,000 (if the investment is made in a high unemployment or rural area) in a new commercial enterprise that employs at least 10 full time U.S. workers. No Labor Certification is required, but applicants must file an Immigrant Petition by Alien Entrepreneur. EB-5 investors receive up to 7.1% of all employment-based permanent worker visas.

Contact a US Immigration Lawyer London Today

Need a lawyer for your employment-based immigration case in London? The law firm is prepared to help local workers and their U.S. employers complete the proceedings needed to obtain employment-based immigration visas. From determining the most appropriate preference category to compiling documentation and USCIS forms, the American Immigration Law Office LTD will be by your side throughout the entire immigration process.

If you would like to learn more about gaining permanent U.S. residency through employment, contact a US Immigration Attorney London at the firm today.

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