Employment-Based Immigration
Employment-Based Immigration Attorney in Princeton, New Jersey
Immigrating to the United States to work and live permanently is an important and complex decision. Foreign nationals must comply with U.S. immigration law and specific procedures to apply for an immigrant visa. If you want to become an immigrant based on employment opportunity in the United States, it is essential to understand the legal immigration process.
The United States provides a certain number of employment-based immigrant visas available each fiscal year for aliens as well as their spouses and children who wish to immigrate based on their occupational skills. Permanent residence in the United States can be obtained through the right combination of education, skill set, and work experience.
Based on these factors, a qualified New Jersey immigration lawyer can help you determine the most appropriate visa status for your employment circumstances and immigration goals.
Why Do I Need an Employment-Based Immigration Attorney in New Jersey?
There are several types of employment-based immigrant visas that allow foreign nationals to live in the United States and work for a US-based employer. Because your visa controls your stay in the United States, it is important to ensure that you meet the proper requirements and provide the appropriate documentation. Only a knowledgeable Princeton employment-based immigration attorney can review your situation and give the legal advice necessary to assure a successful outcome.
At Inderjit K. Sidhu ESQ. LLC, we handle different aspects of United States immigration law in New Jersey and its surrounding areas. We use our knowledge to provide our clients with the most up-to-date immigration strategies.
We know immigration legal matters can be stressful to deal with. Therefore, in addition to skilled legal representation, we strive to serve our clients with care and compassion. We will explain the visa process, prepare documents, and identify any potential problems.
Contact our law office now and schedule a free 15-minute consultation with our immigration lawyers.
What is an Employment-Based Visa?
Employment-based visas (EB) are granted to qualified applicants to work and live in the United States. It also allows foreign nationals with talents and skills to obtain lawful permanent residency, AKA get green cards.
There are a limited number of employment-based visas available each year. Visas are issued based on preference categories depending on the specific description and requirements of the job. A reliable Princeton employment-based immigration attorney can help you determine the most appropriate visa category to fulfill your immigration goals.
EB-1 Visa/Green Card: Priority Workers
Priority workers fall into the first preference category of U.S. employment-based visas. This visa is reserved for highly skilled individuals. An important aspect to take into account to obtain the EB-1 visa is to submit evidence and documents that determine that you have extraordinary abilities or that you have won prizes and awards internationally. It consists of three subgroups, each with distinct requirements for eligibility:
EB-1A: Workers of Extraordinary Ability
To qualify for an EB-1A visa, you must demonstrate extraordinary ability in education, arts, sciences, business, or athletics through sustained national or international acclaim. No job offer is needed in this subcategory. However, the applicants must provide evidence that they are entering the U.S. to continue to work in their field of specialization.
EB-1B: Outstanding University Professors or Researchers
To qualify for a green card as a priority worker within this subcategory, a foreign national must have an international reputation for being outstanding in a particular academic field, with an offer of work from a U.S. employer. You must have at least three years of experience in teaching or research in the relevant academic area. You must come to the U.S. to pursue tenure-track teaching or a research position at an institution of higher learning.
EB-1C: Multinational Executives and Managers
To qualify for an EB-1B visa, you must have been employed as an executive or manager outside the U.S. for the same U.S. employer, affiliate, or subsidiary of the U.S. employer for at least one year within the last three. In addition, you must have proof of a permanent and full-time job offer from a prospective U.S. employer.
EB-2 Visa/Green Card: Advanced Degree or Exceptional Ability
This classification is for persons with advanced degrees or the equivalent due to work experience and those with exceptional ability in the sciences, arts, or business that can substantially benefit the United States.
To qualify, an applicant must have a job offer and be a professional of exceptional ability, holding an advanced degree. If it is deemed in the national interest, an exception may be made, and the employee may apply for a National Interest Waiver, in which case they may self-petition.
EB-2A: Advanced Degree
Generally, this category requires the applicant to have an advanced degree (Master’s degree or a Bachelor’s degree) and five years of work experience in the specialty.
EB-2B: Exceptional Ability
The exceptional ability subcategory is easily confused with the priority worker subcategory for persons of extraordinary ability, but the requirements are slightly different. To qualify, you must be able to show exceptional ability in the sciences, arts, or business. The main benefit of this visa subcategory is that it is not required to have received international acclaim in the field of specialty.
EB-3 Visa/Green Card: Skilled, Professional, or Other Workers
To acquire permanent residency status in the third preference, one must have a labor certification approved by the United States Department of Labor. This third preference category makes green cards a possibility for:
- Professional Workers – Professional workers must possess a bachelor’s degree in their field and establish that a bachelor’s degree is required for entry into the profession.
- Skilled Workers – Skilled workers cover positions that require a minimum of two years of training or experience.
- Unskilled Workers – This includes various unskilled workers whose jobs are not temporary or seasonal and whose positions require less than two years of training or experience
EB-4 Visa/Green Card: Special Immigrants
B-4 visas are designed for certain immigrants. There are several subcategories under this fourth preference. This includes the following:
- Certain members of the U.S. Armed Forces
- Religious workers
- Retired employees of international organizations and their dependents
- Former employees of the Panama Canal
EB-5 Visa/Green Card: Investors
EB-5 visas are tailored for immigrant investors and entrepreneurs who wish to make capital investments in new U.S. commercial enterprises that will create new jobs. It may be issued to applicants who have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. The amount of money can vary depending on which area of the country will benefit from the investment. In addition, the investor must also employ at least 10 U.S. workers.
How to Apply for Employment-Based Immigration?
If you want to immigrate to the U.S. based on employment, there are various immigration processes that you need to follow. A trusted Princeton employment-based immigration lawyer can guide you through this complex process.
You and your employer must complete the following steps:
- The employer from the U.S. files an immigrant petition on behalf of the foreign applicant, which must be approved by the U.S. Citizenship and Immigration Services (USCIS).
- The employer from the U.S. completes a labor certification request (ETA-750) on behalf of the applicant.
- The U.S. State Department will issue an immigrant visa number to the applicant (even if you already reside in the U.S.)
- Those foreign nationals who are already in the U.S. must apply for a green card (adjust to permanent resident status) when their visa number is already available. The corresponding U.S. consulate will notify those outside the U.S. when their visa numbers become available to complete the immigrant visa process.
Employment-Based Immigration FAQs
As a foreign national aspiring to immigrate to the U.S., you may have several questions about immigration matters. Our credible New Jersey immigration lawyer can help you answer all of your specific questions. Here are some of the commonly asked questions regarding employment-based immigration.
- What are some examples of specialty occupations?
Many positions qualify as a specialty occupation, including architect, accountant, lawyer, engineer, or mathematician. Those who work in the physical sciences, social sciences, education, theology, arts, and medicine may also qualify.
- Can my family members also receive immigrant visas?
Based on your approved petition, your spouse and minor unmarried children younger than 21 may apply for immigrant visas with you.
- How long does it take to obtain an employment-based immigrant visa?
Employment-based immigrant visa cases take additional time because they are in numerically-limited visa categories. The length of time may vary from case to case and cannot be accurately predicted for individual circumstances.
- Why would a green card application be denied?
The U.S. government may deny a green card application for several reasons, including but not limited to:
- Missing documents,
- Insufficient financial resources,
- Mistakes on the forms, or
- Failure to demonstrate eligibility.
Immigration Compliance: E-Verify and USCIS Form I-9 Compliance
One common problem employers face when hiring foreign national workers is verifying employment eligibility. Newly hired employees may present stolen identity cards or fraudulent documents. One way to prevent these problems is to prove employment eligibility by accomplishing USCIS Form I-9.
All U.S. employers must complete a Form I-9 upon hiring a new employee to work in the United States. On the form, an employee must attest to their employment authorization. The employer must examine whether the documents appear genuine and record the document information on Form I-9. Working with a top-ranking Princeton employment-based immigration lawyer can be beneficial in the verification process.
In addition, USCIS has introduced an identifying photo screening tool called the E-Verify program. It is an Internet-based system that allows participating employers to electronically verify their newly hired employees’ names, dates of birth, and social security numbers using biometrics. The goals of E-Verify are to help employers maintain a legal workforce and protect jobs for U.S. workers. Other employers may choose to use E-Verify voluntarily to supplement Form I-9.
Call Our Skilled Princeton Employment-Based Immigration Attorney Now!
The U.S. immigration law provides a variety of ways to become lawful permanent residents (green card holders) through employment in the U.S. The employment-based immigration process is governed by a system of visas, each of which establishes specific terms and conditions for entering and remaining in the United States.
If you’re applying for an EB visa, speak with our seasoned Princeton NJ employment-based immigration attorneys at Inderjit K. Sidhu ESQ. LLC to learn your options, know the application process, and maximize your chance for a successful resolution.
Since there are many challenges in navigating the immigration system, it’s essential to work with our immigration law firm. We can help you obtain the best possible outcome by adequately preparing, filing, and monitoring your immigration case. Schedule a free 15-minute consultation with us today and speak with one of our experienced immigration lawyers.
