employment-based Immigration

Employment-based Immigration entails using an employment opportunity to enter and stay in the United States legally. Every year, approximately 140,000 employment-based immigrant visas are available to qualified applicants. US Immigration law also allows the spouses and children of the applicants to accompany the employment-based immigrants.

Employment-based immigrant visas are divided into five preference categories.

  • EB-1 – Priority workers. (First Preference)
  • EB-2 – Professionals holding exceptional degrees and persons of exceptional ability. (Second Preference)
  • EB-3 – Skilled workers, professionals, and unskilled workers. (Third Preference)
  • EB-4 – Certain special immigrants. (Fourth Preference)

Employment First Preference (EB1): Priority Workers:

There are three sub-groups within this category:

  1. Persons with Extraordinary Ability: This category entails persons with extraordinary ability in the sciences, arts, education, business, or athletics. Extensive documentation must be provided showing sustained national or international acclaim and recognition in their fields of expertise. These applicants may enter the United States without specific job offers, but they must have intention of continuing work in the field where they have the extraordinary ability. No Alien Worker petition is necessary here.
  2. Outstanding Professors and Researchers: This category includes outstanding professionals with at least three years of experience in teaching or research. These individuals must also who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker with the USCIS.
  3. Multinational Managers or Executives: This category includes multinational managers and 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. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker with the USCIS.

Employment Second Preference (EB2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability:

An immigrant who pursues employment-based immigration in the second preference to obtain a Visa to enter the United States must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker on behalf of the applicant.

Applicants may also apply for a National Interest Waiver, which is a petition that the work will be in the nation’s best interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, along with evidence of the national interest.

There are two subgroups within this category:

  1. Professionals Holding an Advanced Degree: These professionals must have an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
  2. Persons with Exceptional Ability: These are persons with exceptional ability in the sciences, arts, or business. Exceptional ability means that person must have a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (EB3): Professionals, Skilled Workers, and Unskilled Workers:

These applicants must have an approved Immigrant Petition for Alien Worker, filed by the prospective worker. Third preference applicants require labor certification approved by the Department of Labor.

There are three subgroups within this category:

  1. Skilled workers: Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  2. Professionals: Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  3. Unskilled workers (Other workers): Unskilled workers are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (EB4): Certain Special Immigrants:

An immigrant who pursues Employment-based Immigration in the fourth preference must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant with the exception of Certain Employees or Former Employees of the U.S. Government Abroad (see number 3 below). Labor certification is not required for Fourth Preference Employment-based Immigration.
 Subgroups within this category may include:

  • Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization;
  • Former Employees of the U.S. Government in the Panama Canal Zone;
  • Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979;
  • Employees or Former Employees of the U.S. Government Abroad;
  • Former Employees of the Panama Canal Company or Canal Zone Government;
  • Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements.
  • Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year after March 20th, 2003 or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment;
  • Foreign Medical Graduates (Adjustments Only);
  • Retired International Organization Employees;
  • Unmarried Sons and Daughters of International Organization Employees;
  • Surviving Spouses of deceased International Organization Employees;
  • Special Immigrant Juveniles (no family member derivatives; Adjustments Only);
  • Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces;
  • Retired NATO-6 civilians;
  • Unmarried Sons and Daughters of NATO-6 civilians;
  • Surviving Spouses of deceased NATO-6 civilian employees;
  • Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001;
  • Ministers of Religion; and
  • Religious Workers.

To qualify as a special immigrant religious worker, you must:

  • Have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States for at least two years immediately before filing a petition for this status with USCIS;
  • Seek to enter the United States to work in a full time, compensated position in one of the following occupations:
  • Solely as a minister of that religious denomination;
  • A religious vocation either in a professional or nonprofessional capacity; or
  • A religious occupation either in a professional or nonprofessional capacity;
  • Be coming to work for either:
    • A bona fide non-profit religious organization in the United States; or
    • A bona fide organization that is affiliated with a religious denomination in the United States; and
  • Have been working in one of the positions described above after the age of 14, either abroad or in the United States, continuously for at least two years immediately before the filing of a petition with USCIS. The prior religious work does not need to correspond precisely to the type of work you will perform. A break in the continuity of the work during the preceding two years will not affect eligibility so long as:
  • You were still employed as a religious worker;
  • The break did not exceed two years; and
  • The nature of the break was for further religious training or sabbatical. However, you must have been a member of the petitioner’s denomination throughout the two years of qualifying employment.

Full-time work is an average of 35 hours per week. Compensated may mean salaried or nonsalaried.
A U.S. employer, or you on your own behalf, must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to request special immigrant religious worker classification. Both you and the employing non-profit religious organization must satisfy the requirements listed below. If a petitioner believes that one of these requirements substantially burdens the organization’s exercise of religion, they may seek an exemption under the Religious Freedom Restoration Act (RFRA). A written request for the exemption should accompany the initial filing, and it must explain how the provision:

  • Requires participation in an activity prohibited by a sincerely held religious belief; or
  • Prevents participation in conduct motivated by a sincerely held religious belief.

The petitioner bears the burden of showing that they qualify for a RFRA exemption and must support the request with relevant documentation. We will decide exemption requests on a case-by-case basis.

Eligibility Criteria

To qualify as a special immigrant religious worker, you must:

  • Have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States for at least two years immediately before filing a petition for this status with USCIS;
  • Seek to enter the United States to work in a full time, compensated position in one of the following occupations:
  • Solely as a minister of that religious denomination;
  • A religious vocation either in a professional or nonprofessional capacity; or
  • A religious occupation either in a professional or nonprofessional capacity;
  • Be coming to work for either:
    • A bona fide non-profit religious organization in the United States; or
    • A bona fide organization that is affiliated with a religious denomination in the United States; and
  • Have been working in one of the positions described above after the age of 14, either abroad or in the United States, continuously for at least two years immediately before the filing of a petition with USCIS. The prior religious work does not need to correspond precisely to the type of work you will perform. A break in the continuity of the work during the preceding two years will not affect eligibility so long as:
  • You were still employed as a religious worker;
  • The break did not exceed two years; and
  • The nature of the break was for further religious training or sabbatical. However, you must have been a member of the petitioner’s denomination throughout the two years of qualifying employment.

Full-time work is an average of 35 hours per week. Compensated may mean salaried or nonsalaried.
A U.S. employer, or you on your own behalf, must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to request special immigrant religious worker classification. Both you and the employing non-profit religious organization must satisfy the requirements listed below. If a petitioner believes that one of these requirements substantially burdens the organization’s exercise of religion, they may seek an exemption under the Religious Freedom Restoration Act (RFRA). A written request for the exemption should accompany the initial filing, and it must explain how the provision:

  • Requires participation in an activity prohibited by a sincerely held religious belief; or
  • Prevents participation in conduct motivated by a sincerely held religious belief.

The petitioner bears the burden of showing that they qualify for a RFRA exemption and must support the request with relevant documentation. We will decide exemption requests on a case-by-case basis.

FAQS

How long does the immigration process typically take?

The duration of the immigration process can vary widely depending on the type of visa or immigration benefit you are seeking. For instance, family-based immigration and employment-based immigration have different processing times. On average, it can take several months to several years to complete the immigration process. It's crucial to consult with our experienced attorneys who can provide a more accurate estimate based on your specific circumstances and visa category.

Can I apply for a green card while on a non-immigrant visa like a work or student visa?

Yes, in many cases, you can apply for a green card (permanent residency) while on a non-immigrant visa. This process is known as "adjustment of status." However, eligibility criteria and procedures vary depending on your specific visa type and circumstances. Our attorneys specialize in helping individuals navigate this transition smoothly, ensuring you meet all requirements and deadlines to secure your green card while maintaining your legal status in the United States.

What happens if my visa application is denied?

Visa denials can be disheartening, but they are not necessarily the end of your immigration journey. The next steps will depend on the reasons for the denial and the type of visa you applied for. In many cases, you may have the option to appeal the decision or reapply with additional documentation. It's essential to seek professional legal advice immediately after a denial to explore your options. Our experienced attorneys have successfully assisted clients in overcoming denials and achieving their immigration goals through strategic legal actions.