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Immigrant Visas

Los Angeles Immigration Lawyer

Immigrant Visa Through Employment

Employment-based immigrant visa applications must be filed by the company that is offering employment to a foreign national. Employees who are currently employed in the United States in some of the nonimmigrant visa categories usually transition into permanent employment situations when there is an immigrant visa available and they have met the requirements for approval of an immigrant visa category.

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An Approved Immigrant Visa Petition Leads To A Green Card

There are five immigrant visa categories authorized by law. If the foreign national meets the eligibility criteria, then he or she will be eligible to apply for a green card (permanent resident status). We can answer your questions about self-petitioning or sponsoring an employee in one of the categories below. Please call 866.441.1458 for an initial consultation with one of our lawyers, regarding:

Some of the more common visas include:

EB-1, which covers persons of extraordinary ability in the arts, sciences, business, education or athletics. If a foreign national can prove his or her extraordinary ability, there is no requirement that he or she have a job offer at the time of the application. People qualifying in this category can petition for themselves. It is sufficient to show that he or she intends to continue working in the area of expertise. Outstanding professors and researchers, and multinational executives are also covered by this visa category. However, they need to have an offer of employment.

EB-2, which covers employers of foreign nationals who are exceptional, as opposed to extraordinary. Additionally, the job for which they are being hired must require an advanced degree. In most situations, the employer will also need to file for a labor certification with the U.S. Department of Labor.

EB-3, which covers skilled workers, professionals and unskilled workers. The employer filing the petition must meet certain requirements under each of the three groups. This is the most commonly applied for category because more workers qualify. Since Congress limits the numbers of visas available in each category ever year, the EB-3 is often backlogged for years.

EB-4, which is somewhat of a ``catch-all`` category that can include religious workers, military and civilians who have assisted the United States or soldiers who have fought in Iraq or Afghanistan, Panama Canal Zone employees, and former NATO employees and families.

EB-5 investor visas, which are the result of a 1990 creation by Congress called the ``Immigrant Investor Program.`` The goal of the program was to stimulate investment in the U.S. economy. The amount of the investment that a foreign investor must make is substantial, regardless of whether the investor is pursuing an investment in a new or ongoing commercial enterprise or a targeted employment area. Filing under this category requires detailed and expert documentation of the business plan, financing arrangements and structure.

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We Can Provide You Or Your Company With Experienced Employment-Based Visa Application Legal Services

Each employment-based visa category has unique requirements in order for United States Citizenship and Immigration Services (USCIS) to approve it. Having a skilled and experienced immigration attorney assist you with preparing a petition in any of these categories ensures that the details are covered before you submit the application.

Upon approval, the foreign national employee or self-petitioner, in the case of an EB-1 applicant, will then be able to file for adjustment of status when a visa number becomes available for that particular category. Call us at 866.441.1458 or contact us online to advise you through this extremely complicated process before filing anything with either USCIS or the U.S. Department of Labor.

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