Areas of Practice | Employment Based Immigration

Strasser Asatrian, LLC provides experienced assistance and legal representation regarding all employment immigration issues that may arise. The following is a brief overview of some of the processes handled at our office.

Overview

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.

  • First, 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.
  • Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor’s (DOL) Employment and Training Administration. DOL 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.
  • Third, USCIS must approve an immigrant visa petition, Form I-140, 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.
  • Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. This visa comes with official immigration status which can be checked via Visa Number Referenced against the Department of State‚Äôs (DOS) Visa Bulletin.
    • The Following Link will Connect you to the DOS Visa Bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
  • Fifth, 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.

Eligibility

There are four categories for granting permanent residence to foreign nationals based upon employment:

EB-1 Priority Workers of Extraordinary Ability

  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics;
  • Foreign national that are outstanding professors or researchers; and
  • 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; and
  • 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); and
  • Foreign national unskilled workers.

EB-4 Special Immigrants

  • Foreign national religious workers; and
  • Employees and former employees of the U.S. Government abroad.

How to Apply

If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140, Petition for Alien Worker. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each of the five categories.

The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of State’s visa process visit the Department of State website (www.state.gov) for specific information on how to get an immigrant visa number.

To check the status of a visa number you can review the Department of State’s visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html).

For EB-4 special workers, the foreign national or employer must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the CIS Service Center. Detailed filing information is provided in the instructions for Form I-360.

Other helpful sites you may want to visit if you: