Immigration News Update
© 2001-2013 Law Office of Bobby C. Chung, P.C. All rights reserved.
EMPLOYMENT BASED IMMIGRATION
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
* First, foreign nationals and employers must determine if the foreign
national is eligible for lawful permanent residency under one of employment
immigration categories (see below).
* Second, most employment categories require that the US employer complete
a labor certification request (Form ETA 9089) for the applicant, and
submit it to the US Department of Labor (DOL)'s Employment and Training
Administration. DOL must either grant or deny the certification request.
Qualified alien physicians who will practice medicine in an area of
the United States which has been certified as underserved by the US
Department of Health and Human Services are relieved from this requirement.
You may wish to read more about this program.
* Third, US Citizenship and Immigration Services (USCIS, formerly INS)
must approve an immigrant visa petition (Form I-140, Petition for Alien
Worker) for the person wishing to immigrate to the United States. The
employer wishing to bring the applicant to the United States to work
permanently files this petition. However, if a labor certification is
needed the application can only be filed after the certification is
granted. The employer acts as the sponsor (or petitioner) for the applicant
(or beneficiary) who wants to live and work on a permanent basis in
the United States.
* Fourth, the US Department of State (DOS) must give the applicant an
immigrant visa number, even if the applicant is already in the United
States. When the applicant receives an immigrant visa number, it means
that an immigrant visa has been assigned to the applicant. You can check
the status of a visa number in the DOS' Visa Bulletin.
* Fifth, if the applicant is already in the United States, he or she
must apply to adjust to permanent resident status after a visa number
becomes available. You may wish to read about application procedures
on becoming a permanent resident while in the United States. If the
applicant is outside the United States when an immigrant visa number
becomes available, he or she will be notified and must complete the
process at his or her local US consulate office.
There are five categories for granting permanent residence to foreign nationals based on employment skills. If you are an employer and are unsure which employment category applies to the foreign national you wish to sponsor, or if you are a foreign national and want more information on which category matches your particular situation, click one of the employment categories:
EB-1 Priority workers (***Click Here***):
1. Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
2. Foreign national that are outstanding professors or researchers
3. Foreign nationals that are managers and executives subject to international transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability (***Click Here***):
1. Foreign nationals of exceptional ability in the sciences, arts or business
2. Foreign nationals that are advanced degree professionals
3. Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved
EB-3 Skilled or professional workers (***Click Here***):
1. Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
2. Foreign national skilled workers (minimum two years training and experience)
3. Foreign national unskilled workers
EB-4 Special Immigrants (***Click Here***):
1. Foreign national religious workers
2. Employees and former employees of the U.S. Government abroad
EB-5 Immigrant Investors (***Click Here***) -
This category is comprised of investors who will create at least 10 US jobs by investing in a new commercial
enterprise benefiting the US economy. The minimum required investment
is $1 million, though it may be as little as $500,000 if the investment
is in a rural area, or an area of high unemployment. To avoid fraud, investors
are accorded only conditional permanent residence status for two years,
after which a review of the investment will be undertaken.
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