Winter Park & Orlando 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
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.