Winter Park Employment-Based Immigration Lawyers

Employment-Based Permanent Resident Status

Foreign citizens who are able to demonstrate any combination of skills, education and work experience may be eligible to obtain employment-based immigration visas that will allow them to live and work permanently in the United States. According to the USCIS, there are approximately 140,000 employment-based immigrant visas available each fiscal year. Depending on the skills of a foreign worker and the industry in which they intend to gain employment, one of five separate immigrant visa preferences may be awarded.

Permanent Worker Visa Categories

Immigrant visas for permanent workers are classified into five distinct preference categories. These preference categories are as follows:

First Preference (EB-1) Priority Workers
First preference priority workers include individuals with extraordinary abilities in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational managers or executives. There are numerous qualifying criteria applicants must meet in order to obtain EB-1 visas. In short, priority workers must demonstrate their accomplishments, achievements and abilities to contribute to the United States. Priority workers of extraordinary ability can file immigration petitions on their own, while outstanding professors and researchers and multinational managers or executives must have employers file a petition on their behalf.

Second Preference (EB-2)
A foreign citizen will be given second preference status if they are members of professions holding advanced degrees or if they are individuals of exceptional ability in the arts, sciences, or business. In addition to meeting eligibility requirements, EB-2 applicants must also obtain an approved labor certification from the U.S. department of labor.

Third Preference (EB-3)
Third preference will be granted to professionals, skilled workers and other unskilled workers. Professionals are individuals with U.S. baccalaureate degrees or a foreign equivalent, skilled workers are individuals with two years of work experience or training, and other workers are those with less than two years of training or experience. All EB-3 workers must obtain labor certification and have a permanent, full time job offer.

Fourth Preference (EB-4)
EB-4 is reserved for "special immigrants." These include religious workers, broadcasters, physicians, armed forces members, Panama Canal Zone employees, retired NATO-6 employees and their spouses and children, international organization employees, Iraqi or Afghan translators and Iraqis who have assisted the United States.

Fifth Preference (EB-5)
Also known as the Immigrant Investor Program, EB-5 preference is granted to foreign nationals who significantly contribute to the U.S. economy and U.S. job creation. Eligible applicants must have invested $1 million, or $500,000 in a specified employment sector, in a commercial enterprise that employs at least 10 full time U.S. workers.

As families and family-based immigration issues are an inevitable part of the immigration process, our firm makes it a point to work toward completing the necessary actions and obtaining the appropriate visas for relatives of permanent workers. If your case involves additional family members of a worker, you can rest assured that our legal team will use our skills to help families immigrate together.

Labor Certification Process

Second preference and third preference workers will generally require labor certification from the U.S. Department of Labor. This means foreign citizens must have an arrangement with a U.S. employer who will sponsor them and obtain approval from the DOL. A labor certification verifies that there are insufficient available and qualified workers to fill the position offered to a foreign national. Certifications also verify that hiring a foreign worker will not adversely affect wages or working conditions of other U.S. workers employed in similar positions.

Processing Times and Priority Dates

Employment-based immigration, as well as any other immigration process, will involve numerous procedures, deadlines and government agencies. As these agencies are governed by statutory and regulatory guidelines and because they receive and consistent flow of applications and issues, the processing times of your immigration case can be negatively impacted. It is not unusual for many procedures and immigration matters to become part of backlogs or waiting queues.

In most cases, there is often little that can be done to expedite an immigration process. Our Florida immigration lawyers at Robert Brown LLC will provide all clients with a thorough understanding of their personal immigration issue, as well as what can be expected through each step of the process. By facilitating the completion of your chosen immigration issue and educating you about the ways in which it will be handled, you will gain a full understanding of your matter and also avoid any future complications or frustrations. For your benefit, U.S. Citizenship and Immigration Services also provides USCIS processing time information on their website, including specific details about the processing times of specific immigration cases, and information about the status of your case.

Services for All Permanent Worker Immigration Matters

Our legal team at Robert Brown LLC has the experience, knowledge, and familiarity with the USCIS to handle whatever employment-based immigration issue you may be facing. Our exceptionally talented attorneys make it a top priority to personally evaluate cases to ensure that the unique goals and objectives of our clients will be met in a timely, professional and competent manner.

Whether you are a foreign national looking to obtain a permanent worker visa or if you are an employer seeking to hire a permanent worker through one of the appropriate visa categories, our firm will help you every step of the way. We can also assist those looking for non-permanent residence as an employee.

Contact Robert Brown LLC to learn more about your immigration status in the Orlando area.

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