Employment Based Immigration

Employment Based Immigration:

One method of immigrating permanently to the United States is based on an offer of employment in the United States. Unlike employment-based work visas, which are of limited duration, those who successfully apply for an employment-based immigrant visa can remain in the United States permanently, and eventually apply for United States citizenship. Merrick Immigration Law provides thoughtful immigration solutions for those seeking work-based immigration to the United States.

While most applicants for employment-based immigration must have an employer file a petition on their behalf, there are a few categories in which the individual may “self-petition” for their immigrant visa. This option is available for either for those with “Extraordinary Abilities” or individuals who are granted a “National Interest” waiver. This waiver is available to those who can show that they intend to work in the U.S. in a field that has substantial intrinsic merit and which is national in scope.

Other workers may be eligible for immigrant visas based on offers of employment in a variety of areas, such as:

  • University professors
  • Multi-national managers or executives,
  • Workers with advanced degrees (i.e., a Master’s degree or equivalent work experience)
  • “Professionals” (i.e., those with a four-year baccalaureate degree or foreign degree equivalent)
  • Skilled Workers with at least two years of work experience

These categories have complicated eligibility requirements and procedures. For instance, they all require the employer to undertake a process known as a Labor Certification, whereby the employer must first actively recruit U.S. workers for the position by placing local advertisements, posting the position in-house, and interviewing any qualified U.S. workers that apply for the job. After undertaking this process, they can then certify to the U.S. Department of Labor that there are not sufficient workers who are able, willing, qualified and available to accept the job being offered. Merrick Immigration Law works with employers to ensure that this critical step in the process is well documented.

U.S. immigration law and regulations are constantly changing and it is important to obtain up to date information about the provisions that apply to your case. Contact Merrick Immigration Law today to discuss your immigration objectives and visit our website for local affiliates in selected cities. We’ll discuss the options available to you in depth and help you decide which of them may be right for you.

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