
The United States has long been a beacon of opportunity for individuals seeking a better life, and employment-based immigration is a key part of the country’s immigration system. Each year, thousands of workers from around the globe come to the U.S. to contribute their skills and expertise to its economy and access new opportunities. However, knowing what options are available and the requirements involved is essential for anyone hoping to take advantage of employment-based immigration.
What Categories Exist for Employment-Based Immigration?
The U.S. employment-based immigration system is divided into five preference categories, each catering to different types of workers and their qualifications.
EB-1: Priority Workers
This category includes people with extraordinary abilities in sciences, arts, education, business, or athletics. It also includes outstanding professors and researchers, as well as multinational executives and managers. Applicants must be able to show evidence of their achievements, like awards, published work, or leadership roles.
EB-2: Professionals with Advanced Degrees
Designed for professionals with advanced degrees or exceptional ability in fields like science, art, or business, this category often requires a job offer and labor certification. This category also includes some people with exceptional ability in the sciences, art, or business.
EB-3: Skilled and Other Workers
This category includes skilled workers with at least two years of training or work experience, professionals with a bachelor’s degree, and unskilled workers for jobs requiring less than two years of training. Labor certification and a job offer are typically required for approval.
EB-4: Special Immigrants
Special immigrants include religious workers, certain international organization employees, and members of the U.S. Armed Forces. Sponsorship by an eligible organization or employer is often required.
Immigrant Investors
This category is for investors who make substantial capital investments in U.S. businesses. Labor certification is not required, but there are specific requirements that must be satisfied for approval.
What Other Requirements Are There?
While each category has specific criteria, several general requirements apply to most employment-based visas. Labor certification is often necessary to prove that hiring a foreign worker will not negatively impact U.S. workers. Applicants also typically need a formal job offer from a U.S. employer and must meet educational and experience qualifications. Supporting documents, like degrees, professional licenses, or other proof of exceptional ability, are critical. Additionally, all applicants must undergo a medical examination and clear security checks to meet health and safety standards. We can help walk you through the process of gathering documents and evidence to present a strong case for employment-based immigration.
What Challenges Can Arise During Employment-Based Immigration?
Because of the strict standards of employment-based immigration, the process can be filled with challenges. Lengthy processing times are a common issue, particularly for applicants from countries with high demand, as numerical limits and per-country caps can result in years-long wait times. The application process is also complicated, and it requires you to include all documentation and a thorough understanding of U.S. immigration laws. Additionally, changes in U.S. immigration policy or economic conditions can affect visa availability and requirements, adding unpredictability to the process. Working with an attorney is the best way to ensure that you submit a complete application.
Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence
If you or a loved one need help working through the employment-based immigration process, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.