Employment-Based Immigration in the US
Understanding Employment-Based Immigration
Employment-based immigration allows foreign nationals to work and reside permanently in the United States based on their employment qualifications. It provides an opportunity for individuals with exceptional abilities, advanced degrees, or specific skills to contribute to the US workforce. Employment-based immigration is of great significance to the growth of the US economy and helps fill labor market gaps. By attracting foreign nationals with specific employment qualifications, the United States can benefit from their skills and contributions, fostering innovation, economic growth, and cultural diversity.
Seeking guidance from experienced immigration attorneys is crucial when navigating the complex immigration process. Our attorneys have the expertise to provide valuable guidance and support, ensuring that individuals can effectively navigate the employment-based immigration system.
Types of Employment-Based Visas
There are different categories of employment-based visas, including EB-1, EB-2, and EB-3. The EB-1 visa is for individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers. The EB-2 visa is for professionals with advanced degrees or exceptional abilities, while the EB-3 visa encompasses skilled workers, professionals, and unskilled workers.
Nonimmigrants can work temporarily in the United States by having their employer file a petition with the United States Citizenship and Immigration Services (USCIS). This process typically involves demonstrating the need for the worker’s specific skills or qualifications that are not readily available in the US labor market.
Nonimmigrants who are already in the United States in a different immigration status may have the option to change or adjust their status to a work visa. This can be done by applying for a change of status or adjustment of status with the USCIS. It is important to note that employers or qualified requestors typically play a vital role in filing petitions on behalf of nonimmigrant workers.
Immigrant workers have the opportunity to obtain permanent work authorization in the United States through employment-based immigrant visas. These visas allow individuals to work and live permanently in the United States, contributing to the country’s economy and society. Before applying for an employment-based immigrant visa or seeking admission, the USCIS must approve the employment-based immigrant visa petitions. This approval is necessary to ensure that the individuals meet the eligibility criteria and have the required qualifications for the specific visa category.
Eligibility for a Green Card through Employment
To obtain a Green Card through employment-based immigration, individuals must meet specific eligibility criteria and follow the application process outlined by the USCIS. This process typically involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with other required supporting documentation.
Eligible individuals may be able to adjust their status to that of a lawful permanent resident by filing Form I-485. However, there are certain bars to adjustment of status that may apply depending on how the individual entered the United States or if they committed certain violations. It is important to consult with an immigration attorney to understand the possible application of INA 245(i), which may allow adjustment of status even with adjustment bars.
Inadmissibility grounds, such as previous immigration violations or criminal activities, may affect eligibility for a Green Card. However, waivers or other forms of relief may be available to overcome these barriers.
Applying for a Green Card
Eligibility for a Green Card through employment-based immigration involves meeting specific criteria, filing Form I-693 along with Form I-485, and submitting the required supporting documentation. This process allows individuals to apply for permanent residency and work authorization in the United States.
While their Form I-485 application is pending, applicants can apply for employment authorization and advance parole. This provides them with the ability to work legally and travel outside the United States, if needed, while their Green Card application is being processed. In certain cases, individuals may have the option to transfer the underlying basis of a pending Form I-485 to a different employment-based immigrant category. This process involves submitting a transfer request to the designated address and providing a completed Supplement J. Alternatively, transfer requests without Supplement J should be submitted to the USCIS office with jurisdiction over the pending I-485 application. If an individual files a new Form I-140, the transfer request should be sent to the normal filing location for the Form I-140.
Contact a New York Immigration Lawyer
Employment-based immigration plays a vital role in the United States, contributing to the growth of the economy and filling labor market gaps. It offers individuals with specific employment qualifications the opportunity to work and live permanently in the country, benefiting both the immigrants and the United States as a whole. Navigating the employment-based immigration process can be complex, which is why seeking guidance from experienced immigration attorneys is crucial. Contact the Zavala Law Firm, PLLC in New York, Serving the 5 Boroughs.