Employment Based Immigrant Visas

Workers And Employment Based VisasIn order to attain permanent residency through employment, you must go through a multi-step process. An Orlando Employment Based Immigrant Visa Attorney from NeJame Law can assist you in evaluating or obtaining this type of visa.

First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.

Second, most employment categories, but not all, require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. The Department of Labor 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 U.S. Department of Health and Human Services are among those who are relieved from this requirement.

Third, USCIS 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 Department of 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 State Department 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 Department of State's 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. 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 U.S. consulate office.

There are four categories for granting permanent residence to foreign nationals based upon employment:

  • EB-1 Priority Workers
  • EB-2 Professionals with advanced degrees or person with exceptional ability
  • EB-3 Skilled or Professional Workers
  • EB-4 Special Immigrants

Contact our US Immigration Attorneys

Contact the Immigration Division at NeJame Law for Central Florida employment based immigrant visas. Our immigration attorneys are knowledgeable and ethical, and have the experienced to handle any immigration case. Contact us at (407) 500-0000. You may also contact us by e-mail at Immigration@NeJameLaw.com or fill out the online form provided on this page. We will set up an appointment to talk to you more about how we can assist you.