Employment-Based Immigration

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Employment Based Immigration Visas

Counsel from a Fort Lauderdale Immigration Attorney

The right to immigrate to the United States is in high demand across the world, and in an effort to control the flow of people into this country the Federal Government places tight restrictions on the numbers of visas which are issued every year. Individuals who need to immigrate for reasons of employment are given a higher priority, but even this is highly limited-only approximately 140,000 visas are issued for employment based immigration annually. In order to secure one of these visas, you will have to be able to demonstrate that you fit into one of five employment preference categories:

EB1 - Priority Workers
Includes people who have extraordinary ability in the arts, science, business or other fields, and who can demonstrate that they have received extensive recognition of their achievements and accomplishments. For this category, it is not necessary to have already been offered employment in this country-the government is eager to accept persons of this character into the United States. Also includes individuals who have been employed for at least three years overseas as multinational managers or executives of U.S. companies, as well as outstanding professors and researchers who have gained international recognition and have been teaching or researching for a minimum of three years. Visas of this type account for 28.6 percent of the total number awarded every year on the basis of employment, and are available by filling out Form I-140.

EB2 - Professionals Holding Advanced Degrees and Persons of Exceptional Ability
If you have a standing job offer from a U.S. company and either hold an advanced degree such as a Masters or Doctorate degree or a Bachelor's degree with at least five years of professional experience in the field or have been recognized as having exceptional ability in business, science or the arts, you may be able to secure an EB2 visa. These constitute 28.6 percent of all employment based visas granted every year. You must have acquired a labor certification from the U.S. Department of Labor before you can be approved for this type of visa.

EB3 - Skilled Workers, Professionals and Unskilled Workers
Less than one third of all employment based visas are awarded in this category, which includes those who work in a position which requires at least two years of training or work experience, professionals filling positions which require at least a Bachelor's degree, and certain unskilled workers. Your future employer must already have filed a Form I-140 petition on your behalf, establishing that you have a position waiting for you in this country.

EB4 - Certain Special Immigrants
A broad category including broadcasters, employees of the U.S. Government abroad, Iraqi and Afghan translators, and members of the U.S. Armed Forces who were recruited overseas, to name a few. You do not need a labor certification from the DOL, but must have an approved Form I-360 petition in your name or must fit into one of several special classes. A mere 7.1% of employment based visas are awarded to this category.

EB5 - Immigrant Investors
Only 7.1% of visas for employment are awarded to individuals who wish to come to the United States to make investments or to start a business. Labor certification is not necessary, but you must meet qualifications which include being able to invest at between $500,000 and $1 million and planning to create at least 10 new full time employment positions.

Let an Immigration Lawyer in Fort Lauderdale Guide You

At Guerra Sáenz, PL, we have represented easily thousands of immigration cases of all types, and are prepared to assist you with every aspect of applying for your visa. As a Board Certified attorney, Mr. Guerra has been recognized by The Florida Bar as an expert in immigration and nationality law. He and our entire firm can help you gather the necessary documentation for your application and can take actions to expedite the process, working to prevent any unnecessary delays.

Contact our Fort Lauderdale immigration lawyers today for a free consultation and so we can discuss your case!

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