Immigration through Employment
Overview
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
- Foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
- Most employment categories require that the U.S. employer complete a labor certification request for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
- The US Citizenship and Immigrations Services must approve an immigrant visa petition for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
- The State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant.If the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
Who is Eligible for Employment Based Immigration?
There are four categories for granting permanent residence to foreign nationals based upon Employment:
EB-1 Priority workers
- Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
- Foreign national that are outstanding professors or researchers
- Foreign nationals that are managers and executives subject to international transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability
- Foreign nationals of exceptional ability in the sciences, arts or business
- Foreign nationals that are advanced degree professionals
- Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.
EB-3 Skilled or professional workers
- Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
- Foreign national skilled workers (minimum two years training and experience)
- Foreign national unskilled workers
EB-4 Special Immigrants
- Foreign national religious workers
- Employees and former employees of the U.S. Government abroad
How to Apply
The Daly Law Firm is committed to helping immigrants and their Employers successfully navigate the complicated USCIS application process. Call me at 480-263-9127 to schedule a free consultation.
Office hours: Monday through Friday, 8:30 a.m. to 5 p.m. Evening and weekend hours available by appointment. Visa, MasterCard and American Express accepted.
Daly Law Firm, PLLC
2415 East Camelback Road, Suite 700
Phoenix, AZ 85016
Telephone: 480-263-9127
Fax: 602-357-7453
Daly Law Firm, PLLC
17015 North Scottsdale Road, Suite 130
Scottsdale AZ 85258
Telephone: 480-263-9127
Fax: 602-357-7453
The Daly Law Firm serves clients in Phoenix, Scottsdale, Fountain Hills, Mesa, Tempe, Glendale, Peoria, Chandler, Gilbert, Apache Junction, Avondale, Paradise Valley and Surprise. The firm also serves clients across Maricopa County, Pinal County and Yavapai County in Arizona, as well as the Phoenix metro area and Valley of the Sun.