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Employment-Based Immigration

Person in a Job Interview

Around 140,000 employment-based visas are issued every year in the United States. There are five different categories of individuals who may obtain employment-based visas and applications are considered in order based on the individuals qualifications and/or current employment status. These categories called “preference categories”:

Employment First Preference (E1). Priority Worker and Persons of Extraordinary Ability

The first preference category is for priority employees and is related to those workers who are identified to have “extraordinary abilities”. This includes those who excel in science, arts, education, business, or athletics. Professors and researchers who are internationally recognized also qualify under this preference category. Finally, multinational managers or executives of a United States corporation operating overseas can apply under this preference category. There is extensive documentation required to meet the burden of proof in this category. An official job offer is NOT required from a United States based company.

Employment Second Preference (E2) Professionals Holding Advanced Degrees and Persons of Exceptional Ability

The next preference category is related to those with advanced degrees and exceptional ability in the sciences, arts, or business. Those holding an advanced degree with at least 5 years’ experience in their field of study also can apply for this visa. An official job offer IS required from a United States based company, and the employer must also file documentation on your behalf.

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

The third preference category is for skilled workers (those whose jobs require a minimum of 2 years’ training or experience), for professionals (members of an organization whose jobs require at least a bachelor’s degree), and for unskilled workers (those who can fill positions requiring less than 2 years of training or experience). A potential employer must file documents on your behalf and labor certification is required.

Employment Fourth Preference (E4): Certain Special Immigrants

There are many subgroups within the fourth preference category. The list includes media broadcasters in the United States, certain religious workers, current and former employees of certain government entities, or persons recruited by the United States military. If you are unsure whether you meet the criteria for this preference, call Neumann Law Group today to discuss any confusion that may arise during your applications.

Employment Fifth Preference (E5): Immigrant Investors

The final preference category, Immigrant Investor visas are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.

When applying for employment-based immigration, there are many details that cannot be overlooked without resulting in a delay in your application, or even a denial. Bringing an experienced immigration attorney with you on your journey can help expedite the process and ensure accurate filings and documentation. We can help coordinate with immigration officials and potential employers and/or educational institutions to ensure that your documents are submitted in a timely fashion. Neumann Law Group can also help you with status adjustments, labor certifications, and preparation of non-immigrant visas.

The forms that must be filed in immigration matters are voluminous and can be confusing for those attempting to apply. You must be able to identify the correct forms and documents required for your particular type of employment-based immigration application. Call Neumann Law Group today for compassionate and knowledgeable advocates to guide you through this process.

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