Permanent Work Visas

Employment Based Immigration

For many foreign citizens the U.S. immigration law provides immigrants a variety of ways to obtain a Green Card through employment in the United States. Legal permanent resident status (Green Card) allows you to certain benefits and is the next step to becoming a citizen. If you are a foreign citizen who can display any combination of work experience, achievements and education you may be eligible for employment-based immigration visas that will allow you to work and live permanently in the United States.

Permanent Worker Visa Categories

There are five distinct employment based (EB) “preference immigrant” categories in the United States for immigrant visas. These preference categories include:

First Preference (EB-1) for priority workers – Foreign workers with extraordinary ability in the sciences, arts, education, business, or athletics; as well as outstanding professors and researchers; or certain multinational managers or executives.
Second preference (EB-2) for professionals – Foreign workers who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers)
Third preference (EB-3) for skilled workers – Certain skilled workers, professionals, or other unskilled workers
Fourth preference (EB-4) for special workers – Religious workers, certain broadcasters, Panama Canal Zone employees, international organization employees, armed forces members, retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members, Afghan or Iraqi translators or interpreters and certain government employees.
Fifth preference (EB-5) for immigrant investors – Foreign nationals who significantly contribute to the U.S. economy and U.S. job creation by having invested or are actively in the process of investing $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise and create at least 10 full-time positions for qualifying employees.

Permanent Labor Certification Process

A labor certification from the U.S. Department of Labor allows an employer to hire a foreign worker to work permanently in the United States and required from both second preference and third preference workers. There must be an arrangement between the foreign worker and a U.S. employer who is able to sponsor them and obtain approval from the U.S. Department of Law (DOL). The filing of applications is the responsibility of the employer, not the employee. A labor certification ensures that the admission of a foreign worker to work in the U.S. will not negatively affect the job opportunities, wages and working conditions of U.S. workers. Once approved by the DOL, the employer must obtain the immigration authorization from the USCIS.

What Forms you may need for a Green Card

An immigrant that is seeking a permanent resident card (Green Card) will need exact forms and processes depending on the basis for immigration and other factors. Certain individuals who are currently in the United States may need to file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country along with Form I-130, Petition for Alien Relative. An immigrant visa is immediately available to you if you are an EB-1, EB-2, or EM-3 immigrant. To better understand the immigration process and your options it is recommended to work with an immigration attorney.

How we can help you

Whether you are planning to immigrate to the United States or are currently already in the United States, our legal team has the skill and knowledge to help with any employment-based immigration issue that you may be dealing with. We are also able to assist those who are looking to immigrate to the U.S. based on relatives currently living and working in the U.S. as citizens or legal permanent residents. Contact us for a consultation about your immigration status in Orlando with our legal team.