An immigrant is a foreign national who is authorized to live and work permanently in the United States. In order to become an immigrant based on employment, the applicant must go through a multi-step process.

The prospective employer of a foreign national begins the process by filing a petition with the U.S. Citizenship and Immigration Services (USCIS). In most employment categories, the U.S. employer must file an application with the U.S. Department of Labor’s Employment and Training Administration requesting certification for the hiring of a foreign national. Once the immigrant petition is approved by USCIS, the beneficiary must await the issuance of an immigrant visa number by the U.S. Department of State. Visa numbers are limited based on the immigrant classification. If the beneficiary is already in the U.S., then the beneficiary must apply to adjust status to permanent resident status when a visa number becomes available. If the beneficiary is outside the U.S., when an immigrant visa number becomes available, the beneficiary will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

The Immigration and Nationality Act (INA) provides the legal foundation for the hiring of an alien worker on a permanent basis. Employment based immigration has five categories:

EB-1 - First Preference (priority workers)

This classification is for persons with extraordinary ability, outstanding professors and researchers, and multinational executives and managers. Persons of extraordinary ability in the sciences, arts, education, business, or athletics must show their qualification as such with extensive documentation demonstrating sustained national or international acclaim and recognition in their field of expertise. These persons do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Outstanding professors and researchers must have international recognition and must have at least three years experience in teaching or research. Multinational executives and managers must have been employed at least one of the three preceding years by an overseas affiliate, parent, subsidiary, or branch of the U.S. employer that is petitioning for them. The beneficiary must be coming to the U.S. to work in a managerial or executive capacity. No labor certification is required for these classifications, but the prospective employer must provide a job offer and file a petition with the USCIS.

EB-2 - Second Preference (workers with advanced degrees or exceptional ability)

This classification is for persons who have advanced degrees, or the equivalent of an advanced degree due to work experience, and persons who have exceptional ability in the sciences, arts, or business and such exceptional ability will substantially benefit the United States.

EB-3 - Third Preference (professionals, skilled workers, and other workers)

This classification is for professionals with baccalaureate degrees, and persons who have at least two years of experience as skilled workers. Persons with less than two years of experience, such as an unskilled worker, can also be included in this classification if he or she can perform work for which there are no qualified workers in the U.S.

EB-4 - Fourth Preference (special workers such as those in a religious occupation)

This classification is for persons who are members of non-profit religious organizations who will be coming to the U.S. to work for that religious organization in the U.S. To qualify, the person must have been a member of the religious organization for at least two years before applying for admission to the U.S.

EB-5 - Fifth Preference (Employment Creation)

This classification is for persons who have invested between $500,000 and $1,000,000 in a U.S. commercial enterprise. The amount of investment depends upon the employment rate in the geographical area of investment. To qualify, the foreign national must invest between $500,000 and $1,000,000 in a commercial enterprise in the U.S. which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

The firm is a member of the American Immigration Lawyers Association (“AILA”), which provides its members with a wealth of updated information regarding new legislation, governmental policy changes, immigration processing times, and other general immigration matters. AILA also provides advocacy for its members in connection with legal topics of interest to its members and their clients. In certain cases, AILA has acted as liaison with respect to immigration issues that affect AILA members and their clients in an effort to obtain appropriate relief and assistance. For more information see www.aila.org.