There are many ways to earn permanent residency in the United States, but some people come to this country to further their careers. This is typically possible by obtaining an employment-based visa that allows you to live and work in the U.S. for a set period of time, or indefinitely.
This path can be challenging, especially if you are on it alone. The good news is that you have the right to hire an experienced business immigration attorney to walk you through the process. Whether you have been sponsored by an employer or hope to self-petition, let a Phoenix employment-based green card lawyer assist you in your journey.
The federal government offers five types of employment-based (EB) visas. These programs are aimed at immigrants with different backgrounds, but they all serve the purpose of providing a path to legal residency for foreign workers.
Each employment-based visa is part of a preference system, and the higher the preference level, the easier the path is to coming to the U.S. A Phoenix employment-based green card attorney could assist with any of these options.
The EB-1 visa is at the top of the list. This program is for priority workers, who include individuals who hold extraordinary abilities in fields like the sciences, the arts, or business. Whether or not you have extraordinary ability is a subjective question, but the federal government is generally looking for “sustained national or international acclaim.” There are also subcategories for individuals who are multinational executives or renowned researchers.
The next level of priority is for foreign workers with advanced degrees. This typically involves having a graduate-level degree or exceptional ability in a specific field. While most applicants must be sponsored by their employer, it is possible to pursue this option with certain types of waivers.
An EB-3 visa is available for skilled workers who lack advanced degrees. This includes applicants with baccalaureate degrees, or individuals with extensive skill and training in their field.
This classification is available to certain immigrants who are not eligible for any of the previously mentioned visas. It is designed as a sort of catch-all, but it also specifically applies to religious workers.
Instead of offering a path to residency for foreign workers, the EB-5 visa is for business owners looking to invest in the U.S. The immigrant has to provide a set amount of resources for the endeavor and show that it is likely to bring jobs to the country.
For many people, a green card only becomes an option after they have received a certification from the Department of Labor. This process is designed to ensure companies only hire foreign workers when the domestic labor supply is unable to meet their needs.
Unlike many other types of immigration, only an employer can initiate the certification process. The company must provide the Department of Labor with proof that they will pay immigrants a prevailing wage that will not negatively impact earnings among the existing workforce. They must also take steps to actively recruit American-based talent before they look abroad. While this is only one step in the process, a Phoenix employment-based green card attorney can answer your questions about your role in PERM certification.
If your goal is to live and work in the United States, it is worth evaluating whether or not you qualify for a visa. There are different programs available, so reach out to a Phoenix employment-based green card lawyer today to learn more.
