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Employment

How can an immigration lawyer in Phoenix assist with employment-based immigration needs?

Each year, Phoenix immigration lawyers assist thousands of people who are seeking permanent residency in 1 of 5 employment-based immigration categories. US companies, who are the “petitioners”, “sponsor” these immigrants (“beneficiaries”), who are either foreign-based workers of the American company or brand-new employees. As one may envision, the demand for these visas, specifically in the Employment Third Preference category (described below), is high, and the process can be complicated. This is the reason why many businesses and individuals hire Phoenix immigration attorneys to help them through the process.

Approximately 140,000 immigrant visas are released for employment-based categories every year. As you might imagine, the qualifications and paperwork required for these visas can differ significantly, and the process could be quite intricate and involve many types of paperwork. Further, failure to provide sufficient evidence could result in a “Request for Further Evidence” notice from the USCIS, thus further putting off a beneficiary’s petition and potentially resulting in a visa denial. If any of those statements concern you then you would be well served by hiring a Phoenix immigration lawyer to help you through the process. Denial of a visa can be very costly, and even though immigration lawyers are not inexpensive, the failure to obtain a visa is usually much higher than the attorney fees associated with a situation.

Normally, an individual intending to relocate to Phoenix, Arizona, permanently under the employment-based immigration categories should have their employer, potential employer, or agent file Form I-140, Immigrant Petition for Alien Worker with the USCIS. For the Second and Third Employment-based categories, a requirement prior to filing a petition with the USCIS is obtaining the approval of “alien labor license” released by the United States Department of Labor through their iCERT system. The principle reason for needing a labor certification is to make sure that the work being offered to the alien is one where there are no appropriately qualified United States workers who want to take the prospective job.

Take a minute to review the different categories of employment-based immigration visas. If you have any questions or would like to arrange an assessment of your situation, please contact one of our law firm’s immigration lawyers in Phoenix at any time.

The Five Employment Based Immigration Categories

1. Employment First Preference: Priority Workers

Persons with extraordinary capability in the sciences, arts, education, business, or sports. Applicants in this classification have to have comprehensive documentation showing sustained nationwide or international acclaim and awareness in their industries of competence. USCIS requires that evidence of this capacity include an internationally acknowledged award, such as a Noble Peace Prize, Academy Award, or various other popular accomplishments such as publications, functioning as a judge of the work of others, or commanding a high annual wage.

Superior teachers, researchers and analysts with at least three years of experience in teaching or research, who are recognized worldwide. Candidates in this category must be coming to the United States to pursue tenure, tenure track teaching, or a similar research position at a university or various other establishment of greater education and learning.

Multinational managers or executives who have been used for at least one of the three preceding years by the abroad affiliate, parent, subsidiary, or branch of the United States based company. The applicant’s employment beyond the U.S. has to have been in a managerial or executive capability, and the applicant must be concerning work in a managerial or executive capacity.

2. Employment Second Preference: Professionals Holding Advanced Degrees and Persons of Exceptional Ability

Specialists holding a sophisticated degree (past a Bachelors degree, such as a Masters degree) or a Bachelors degree and a minimum of five years of continual experience in the profession.

Persons with exceptional capability in the sciences, arts, or business. Exceptional capability suggests having a degree of competence dramatically above that ordinarily experienced in the sciences, arts, or business.

3. Employment Third Preference: Skilled Workers, Professionals, and Unskilled Workers

Skilled workers are individuals whose tasks require a minimum of two years training or work experience that is not associated with short-term or seasonal work.

Professionals are people whose occupations require at least a Bachelors degree from a United States based college or university or a foreign equivalent degree.

Unskilled workers are persons willing to or capable of filling positions that need less than two years training or experience and which are not temporary or seasonal.

4. Employment Fourth Preference: Certain Special Immigrants

This group includes individuals who fall into a lot of various categories such as religious workers, medical doctors, staff members of certain United States Missions and who have actually worked for the United States for (typically) at least one year.

5. Employment Fifth Preference: Immigrant Investors

This group includes foreign investors who invest at least $500,000 or $1,000,000 (depending on the geographic location) in a commercial United States enterprise and produce a minimum of 10 new employment opportunities for United States employees.

Targeted Employment Areas: Investors need $500,000 of capital and should invest this into designated or “targeted” employment areas, usually rural or high joblessness locations.

High Employment Areas: Investors have to invest $1,000,000 of capital in various other “high employment” areas.

All of the information is offered for informative purposes only and should not be construed as legal advice or even advice for your specific situation in any manner whatsoever. As you can envision, each group has its very own special, rigid set of requirements that need to be followed in almost every circumstance. There are also a lot of exceptions to these rules.

If you would like to discuss your specific circumstances with one of our immigration attorneys in Phoenix Arizona please call us at any time, or send an email to info@ immigrationlawyersinphoenixaz.com.