Business Immigration
Business immigration refers to a method of getting permanent residency in the United States for work. Employment based immigration laws are very specific, and we can guide you through the process to obtain the most appropriate visa.
How to obtain employment based legal residency
Your employer acts as your sponsor, and has requirements to manage before paperwork may be filed. When the employer has completed the preliminary steps, formal paperwork may be filed for a specific employee.
The first step is having your employer file a labor certification request with the U.S. Department of Labor. The DOL Employment and Training section will review the request and make a decision to approve or deny.
If the labor certification is approved, the employer must then file an immigrant visa petition (Form I-140 – Petition for Alien Worker) with the USCIS. If the petition is approved it is added to your application for a green card.
Five preference categories for business immigration green cards
There are varying levels of documentation and evidence required for claims made in any category. Your business immigration lawyer will let you know what you need, and work with your employer to manage each step of the process.
- EB-1: Aliens with extraordinary ability in arts, education, science, athletics and other skills. The claimed skills should be well documented on a national or international level. The person claiming this basis must be committed to continued work in the defined area
- EB-2: Aliens who are professionals, and hold advanced degrees or exceptional abilities, and have 5 or more years of experience in their field of work
- EB-3: Aliens who are “skilled workers” with 2 years of training, “professionals” who have at least a 4-year degree, and “other workers” performing unskilled labor. None of these types of work can be of a seasonal or temporary manner
- EB-4: Aliens who are “special immigrants” which includes but is not limited to; physicians, broadcasters, religious workers, armed forces members, and international organization employees
- EB-5: Aliens who are entrepreneurs, including their spouse and unmarried children under 21, who are creating a business that will hire at least 10 full-time workers
Don’t waste valuable time or risk legal problems. If you need business immigration help you should contact us now.
