Employment Based Immigration
Temporary Work Visa
Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file a Petition for Non-Immigrant Worker. To learn more about temporary work visas, click here – you can have it hyperlinked to USCIS.gov.
Permanent Work Visa
An immigrant is a foreign national who is authorized to live and work permanently in the United States as a Lawful Permanent Resident. You must go through a multi-step process to become an immigrant based on employment. The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.
In most employment categories (See EB-2 and EB-3 eligibility and filing information below), The Edmunds Law Firm can complete a Labor Certification request (ETA 750) for you from the Department of Labor’s Employment and Training Administration.
The State Department must give you an immigrant visa number, even if you are already in the United States.
If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.
What Does the Law Say?
The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.
Who is Eligible for Employment Based Immigration?
There are five categories of employment based immigration:
First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
Fifth Preference (EB-5 Employment Creation) See the menu on this web site entitled “Investment.”
How Do I File a Petition for Alien Worker?
The Edmunds Law Firm will be pleased to process your Work Visa Card application, on behalf of your employer. Our law office will carefully analyze your case and make recommendations on the most appropriate process for you or your company to pursue. We then assist with preparing documents and letters, continuing the case through the Adjustment of Status or consular processing stage, until the principal applicant and family members receive the Green Card.
How Can I Find Out the Status of My Petition?
Click on the menu button to the left, “Check Case Number” and enter your file number.
Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation’s border, determining who may enter, how long they may stay, and when they must leave.
Congress has complete authority over immigration. Presidential power does not extend beyond refugee policy. Except for questions regarding aliens’ constitutional rights, the courts have generally found the immigration issue as nonjusticiable.
States have limited legislative authority regarding immigration, and 28 U.S.C. § 1251details the full extent of state jurisdiction. Generally, 28 U.S.C. § 994 details the federal sentencing guidelines for illegal entry into the country.
By controlling the visa process, the federal government can achieve the goals of its immigration policies. There are two types of visas: immigrant visas and nonimmigrant visas. The government primarily issues nonimmigrant visas to tourists and temporary business visitors. The government divides nonimmigrant visas into eighteen different types, but for most types, does not impose a cap on the number that may be granted in a year. Only a few categories of non-immigrant visas allow their holders to work in the United States. Immigrant visas, on the other hand, permit their holders to stay in the United States permanently and eventually to apply for citizenship. Aliens with immigrant visas can also work in the United States. Congress limits the quantity of immigrant visas, which numbered 675,000 in 1995. Many immigrant visas remain subject to per-country caps.