Effective Immigration Representation
Orange County Employment Visa Lawyer
Who qualifies for an employment immigration visa?
Employment immigrant visas are separated into five preference categories and
Employment First Preference (E1): Priority Workers – An E1 applicant must have an approved Immigrant Petition for Foreign Worker, Form I-140 from the U.S. Citizenship and Immigration Services (USCIS). 28.6% of employment-based immigrant visas issued each year are given to priority workers. There are three subtypes of E1 priority workers.
- Persons who are extraordinarily gifted in the realms of education, business, arts, athletics, or sciences.
- Superior researchers and professors who are internationally recognized and have at least three years of professional experience in their field.
- Multinational executives or managers who have been employed by an overseas affiliate, subsidiary, parent, or branch of their new U.S. employer for at least one of the three preceding years.
Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability – E2 applicants must have an approved labor certification from the Department of Labor. They are required to have a job offer, and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140 on the applicant’s behalf. There are two subcategories of E2 workers.
- Professionals with an advanced degree or a baccalaureate degree and a minimum of five years of progressive experience in their field.
- Persons who are exceptionally gifted in the realms of science, art, or business.
Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers) – E3 applicants need to have an approved Immigrant Petition for Alien Worker, Form I-140 that was filed by the U.S. employer and an approved labor certification from the Department of Labor. E3 workers are further broken down into three groups.
- Skilled workers whose jobs require at least two years of training or work experience.
- Professionals whose jobs require at least a baccalaureate degree from a U.S. college or university or the foreign comparable degree.
- Unskilled or other workers are those whose jobs require less than two years of training or experience.
Employment Fourth Preference (E4): Certain Special Immigrants – Most E4 applicants are required to have an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360. Various types of special immigrants may qualify for an E4 work visa, and they are not required to have an approved labor certification.
Employment Fifth Preference (E5): Immigrant Investors – To qualify as an Immigrant Investor, the applicant must be a foreign citizen who invests between $500,000 and $1,000,000 USD in a commercial enterprise that creates full-time jobs for at least ten U.S. citizens, Legal Permanent Residents, or other lawful immigrants. Before applying for an E5 visa, the investor must have an approved Immigrant Petition by Alien Entrepreneur from USCIS.
Experienced Immigration Lawyer
Applying for a work visa is a multistep process that requires exactness and knowledge, and an experienced immigration lawyer can be of great aid to both the employee and the employer. At the Law Offices of
If you are in need of an employment visa, contact the Law Offices of Wiliani-Malek.