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Employment-Based Immigration: A Detailed Overview

A visa system governs the employment-based immigration process. Each establishes specific terms and conditions for entry and stay in the United States. Includes a variety of “Immigrant” (permanent) and “Nonimmigrant” (temporary) US visas. An immigrant visa granting lawful permanent resident status is called a green card or “Green Card.” The United States Citizenship and Immigration Service (USCIS) grants immigrant and nonimmigrant visas based on a quota system. They use a system of preferred categories in addition to the quota system for immigrant visas. For example, approximately 65,000 H-1B visas are issued each year.

Obtain a Temporary Visa for people who are not immigrants

Many temporary work visas are designed to allow professionals to enter the United States for employment. Individuals may apply for work visas depending on job skills, employment status, and investment criteria. In many cases, workers come to the United States on a temporary visa and then apply for an immigrant visa to obtain lawful permanent residence. You can get this with employment based immigration lawyer.

Obtain an Employment Immigrant Visa (Green Card/Legal Permanent Residence)

To obtain an immigrant visa with simvisa.com for instance, you must have a job offer from a US employer, specific education, and work experience, and there can be no qualifying Americans who want to take that job. In many cases, they must obtain a labor certificate to show that an alien is not obtaining a position that an American could be given. The labor certificate is not always necessary for the most specialized and unique jobs.

Immigrant visas are subject to a quota, but at least 140,000 are issued yearly. In addition, immigrant visas are allocated by five preference categories:

  • First Preference. (28.6%) Priority workers are defined by extraordinary ability, exceptional university professors or researchers, and executives or managers of multinational companies. If you have extraordinary abilities, you do not need a job offer from an employer in the United States.
  • Second Preference. (28.6) Professionals with advanced degrees from the university and persons with exceptional science, art, or business ability. If your presence is beneficial to the future of the United States, you may be exempt from having a job offer and labor certificate. YOUR positive impact must be national and substantial and directly result from your talent or specialty.
  • Third Preference. (28.6) This category is broad and consists of professional, skilled, and unskilled workers. For all three categories, they ask that you have a job offer from an employer in the United States and a Labor Certificate. The number of green cards (green cards) they give to workers without specialization is a small portion compared to those they give to professionals or specialized workers.
  • Fourth Preference. (7.1%) This category includes religious workers, e.g., ministers.
  • Fifth Preference. (7.1%) Investors who want to invest a minimum of $500,000-$1,000,000 in a US company. The minimum amount depends on the location of the company.

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