Immigrating to the United States is a complicated process. As New York Immigration lawyers, we work to simplify that process and help you move easily through the U.S. immigration system. Attorney Norka M. Schell at the Law Offices of Norka M. Schell is an aggressive immigration attorney with extensive experience in representing clients in obtaining employment base legalization. She has helped hundreds of foreigners to apply for employment authorization documents and hundreds of employers to secure employment-based immigration for their employees.
Whether you have a permanent offer of employment from a U.S. company or you are a U.S. employer who wants to bring foreign workers to work temporarily or permanently in the United States, or you are an immigrant investor it is important to become familiar with the complex employment-based immigration process.
EB-1 Category for Aliens of Extraordinary Ability
Without exception, the most popular and the most appropriate immigrant visa (green card) category for artistt, athetes and entertainers is the EB-1. The first employment-based immigration preference green card category (EB-1) covers "priority workers" whose skills and talents are important to the United States (i.e., those who possess "extraordinary ability" in their respectivie fields).
One of the most attractive aspects of the EB-1 category is that the U.S. Citizenship and Immigration Services (USCIS) will process an EB-1 petitioin solely on the merits of the individual, bypassing a U.S. Department of Labor certification that there are "no qualified" U.S. workers for a particular position. This makes the time spent processing an EB-1 application much shorter than for categories that do require a labor certification.
EB-2 Category for Aliens Exceptional Ability or With Advanced Degrees
Aliens of exceptional ability or with advanced degrees may apply for green cards through the second-preference employment category (EB-2). While a job offer and labor certification are generally required for this category, they are waived if an applicant can demonstrate that granting the EB-2 is in the national interest. There are two kinds of national interest waiver (NIW) applications available: the standard case and the physician NIW.
National interest can be demonstrated if the applicant can show that the work will, for example, provide key benefits such as: improving the U.S. economy; improving wages and working conditions for U.S. workers; or improving educational and training programs for U.S. children and underqualified workers.
EB-3 Category for Skilled Workers, Professionals, and Other Workers
The third employment-based preference serves as catchall category for aliens with job offers in the United States. Labor certification, or evidence that the U.S. Department of Labor has exempted persons in the alien's occupation from individual labor certification, is required for all aliens in this category. A job offer is also required in very case, and the employer must file the preference petition on behalf of the alien to classify him or her in the third preference.
If The Foreigner Worker Is Outside the United States
When a foreigner worker is outside the United States, he or she can become a lawful permanent resident by applying at a U.S. Consulate office abroad through a process known as Consular Process. Consular processing is when USCIS works with the Department of State ("DOS") to issue a visa to a foreigner based on the approved employment petition and availability of a visa number. The DOS publishes monthly a Visa Bulletin which shows the visa numbers available on that respective month.
If The Foreigner Worker Is Already in the United States
If the foreigner worker is already in the United States in legal status and the requirements to adjust his or her status to lawful permanent resident, he or she can become a permanent resident through a process known as Adjustment of Status once the visa number for his or her employment category becomes available. As the previous section, once the USCIS approves the employment-based aplication and a visa number becomes available, the foreigner worker can apply to Adjust Status with the USCIS and become a lawful permanent resident. There are many factors to consider before one can apply for Adjustment of Status such method of entry into the United States; whether the person is a beneficiary of or grandfathered by a prior law or amnesty; prior criminal records and etc.
Whether a foreigner worker files his or her employment-green card application with the U.S. Consulate or with the USCS, either process poses its own challenge and risk of the application be denied by the agency. Therefore, in any employment-green card application, experience is critical. We have it.
Let our experienced immigration attorneys help you with your immigration case. When you choose Law Offices of Norka M. Schell, LLC, you gain an advisor that will be as dedicated to you success as you are.