Understanding the 5 Categories for Employment-Based Immigration
Posted: Jan 23, 2020
Everyone wants to be a productive member of society, including immigrants who come to America in search of a better life than the one they left behind. Yet, foreign nationals cannot just make their way to the United States, simply walk into a company, get hired, and begin work the next Monday. It is a lot more complicated than that. Foreign nationals who are not citizens, permanent residents, or refugees/asylees to the U.S. must first obtain authorization to work here with a business visa, obtained with the help of a Seattle immigration lawyer.
While it is difficult, there is a path that makes it possible to obtain legal employment in the United States. There are a variety of circumstances under which employers can hire foreign nationals to work in the United States on a temporary or permanent basis. In order to get a work visa, you’ll need to fit into one of these five categories:
- First Employment-Based Preference (EB-1): This category is reserved for "priority workers." This term includes those with extraordinary ability in the sciences, arts, education, business, or sports. No labor certification is required for these outstanding athletes, professors, and researchers. Certain multilevel executives and managers fit into this category as well.
- EB-2: Similar to EB-1, this category is reserved for "members of the professions holding advanced degrees or aliens of extraordinary ability" in the arts, sciences, and business, but a labor certification is required unless the applicant can obtain a national interest waiver (NIV). An NIV allows the applicant to forego the labor certification requirement because "an alien’s services in the sciences, arts, professions, or business are to be sought by an employer in the United States" and is in the national interest.
3. EB-3: Reserved for "skilled workers, professionals, and other workers." Each of these three classifications carries a specialized legal meaning, so it is up to you and your immigration lawyer in Seattle to show the immigration judge that you fit into one of these. A labor certification is required to be accepted and employed through EB-3.
- EB-4: Certain religious workers, employees of U.S. Foreign Service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and a few others are considered "certain special immigrants" and accepted through an EB-4. A labor certification is not required with this.
- EB-5: This final category is reserved for "employment creation." These are business investors who invest a minimum of a million dollars in a new commercial enterprise that employs at least 10 domestic United States workers. No labor certification is required, but you will need to prove you’ll be bringing jobs to America and not taking one away!
Those immigrating under to the United States under one of these five categories will be permitted to bring their spouse and children. If you are not sure which, if any, of these categories you fit into, an immigration lawyer in Seattle will be able to help you go from here.
Beacon Immigration is a company helping families with immigration matter. We provide comprehensive services in all areas of immigration law, including Family and Business Petitions, Call (800) 406-1579 to schedule an appointment!