Many individuals from various countries all want to come live and work in the U.S. or are currently living here but have yet to obtain the proper documentation that allows them to do so. There are several requirements that must be met for you to work in the U.S. including obtaining an employment-based visa.
In order for certain foreign nationals to receive an employment-based visa, their potential employer must obtain a labor certification approval from the Department of Labor (DOL). The employer is then required to file Form I-140, Immigrant Petition for Alien Worker, given their labor certification application was approved. There are many requirements that must be met in order for an employer to successfully petition for an individual to receive approval and work for them so it is always a good idea to seek help from a knowledgeable immigration and visa attorney.
The visa lawyers at Kuck Immigration Partners have been helping individuals with various matters including obtaining a work visa and even helping employers file the proper documentation to hire a foreign national. Immigration attorney Charles H. Kuck was even named one of the top 5 most Highly Regarded Corporate Immigration Lawyers in the World in 2017 by The International Who’s Who of Corporate Immigration Lawyers. You can call us at 404-816-8611 to get in touch with attorney Charles H. Kuck or another qualified lawyer.
What are the different employment-based preference categories?
When submitting a petition for an individual to come and work or adjust their status so they can continue working in the U.S., it must be determined which employment-based preference category this person falls into. There are currently four categories and we will discuss what each of these are in more detail below.
- Employment First Preference (E1): Priority Worker
A person who possess extraordinary abilities in sciences, arts, education, business, or athletics would be considered as a first preference employee. But, don’t forget that documentation will need to be provided that proves this. If the employee is an outstanding professor or researcher or if they are a multinational manager or executive, they too would qualify to file under the E1 category. Something to keep in mind is that labor certification is not required for those who meet the criteria and qualify under this category.
- Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
A person who qualifies under this category needs to either have an advanced degree or be considered to have an exceptional ability. A job offer is generally required and the applicant usually will need a labor certification approved by the DOL.
- Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
If you are considered to be a skilled worker, a professional such as someone who has at least a baccalaureate degree, or an unskilled worker, you might fall under the E3 preference category. Form I-140 will need to be filed and labor certification approval will likely need to be obtained.
- Employment Fourth Preference (E4): Certain Special Immigrants
Some of the types of individuals who might fall under the E4 category includes broadcasters in the U.S., Ministers of Religion, Iraqi and Afghan interpreters who have worked with the U.S., etc. You can view a list of other types of individuals who would qualify under this category by visiting the U.S. Department of State, Bureau of Consular Affairs site.
Now, if you would like more information on employment visas, feel free to contact us or visit our website at www.immigration.net.