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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Employment-Based Immigration
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If an individual is seeking immigrant status based on an employment opportunity (either permanent or seasonal) that they may have, the following is required:
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- [The individual must be eligible under one of the five categories of employment-based immigration.]
- [The employer may have to complete and submit a labor certification request (Form ETA 9089) to the Department of Labor-Employment and Training Administration.]
- [The employer must file an immigrant visa petition (usually Form I-140, Petition for Alien Worker) and the government must approve the petition.]
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The Five Categories of Employment-Based Immigration
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U.S. Citizenship and Immigration Services grants employment-based immigration visas according to the following preference system:
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First Preference (E1): Priority Workers
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These visas are for: persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding, internationally recognized professors and researchers; and/or certain executives who work for the overseas branch of a U.S. company.
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Second Preference (E2): Advanced Degrees or Exceptional Abilities
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These visas are for professionals holding advanced degrees and persons of exceptional ability in the arts, sciences, or business.
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Third Preference (E3): Professionals and Skilled Workers
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These visas are for: Skilled Workers; Professionals Holding Baccalaureate Degrees; and Other Workers.
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Fourth Preference (E4): Special Immigrants
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These visas are for: Religious workers; Employees and former employees of the U.S. government abroad; Retired employees of international organizations; and Others in special circumstances.
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Fifth Preference (E5):
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These visas are for: Entrepreneurs who invest $500,000 to $1 million in a commercial enterprise in the U.S. that creates at least 10 new jobs.
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Employment-based visas can be tricky, and the US employer may have to show that no American workers are available for the job. Both the immigrant and the US employer may need legal advice.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your legal immigration needs.
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Q: What are factors considered by the US Citizenship and Immigration Services (USCIS) in granting an individual immigration status?
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A: The immigration authorities at the USCIS have wide discretion in reviewing petition for immigration status. The factors considered by the USCIS include whether the applicant has an immediate relative who is a US citizen or a lawful permanent resident; whether the applicant has a permanent employment opportunity in the US and whether that employment fits under one of the five eligible employment categories; and whether the applicant qualifies for refugee status.
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Q: What is the basis for being deported?
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A: Deportation occurs when an alien has been found to have violated certain immigration laws and results in the alien forfeiting his or her right to remain in the United States.
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[More]
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