Employer Based Immigration

Employer Based Immigration is one way you may be able to immigrate to the United States as a Permanent Resident. According to the USCIS website every year 140,000 Immigrant Visas are made available to qualified applicants under the provisions of US Immigration Law. There are several categories for Employer Based Immigration. These categories have sub groups within the categories and require substantial forms, fees and civil documents for each applicant.

Alaska Immigration Law Offices can help you decide whether you are eligible to apply for a visa within one of the following categories and can also represent you in filing your application with the State Department and processing your visa through the National Visa Center. Each case is unique and dependent on detailed information about your skills and prospective employer. We suggest you make a consultation appointment to understand how you specifically can benefit from Employer Based Immigration. We have successfully helped hundreds of local business hire talented workers from all over the world.

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Employment First Preference (E1): Priority Workers

A First Preference applicant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS. Labor certification is not required for any of the Priority Worker subgroups. Priority Workers receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas.

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

Employment Fourth Preference (E4): Certain Special Immigrants

A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad. Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

Employment Fifth Preference (E5): Immigrant Investors

An immigrant investor or entrepreneur applicant must file an Immigrant Petition by Alien Entrepreneur with USCIS, which must be approved before applying for the immigrant visa at a U.S. embassy or consulate outside the United States. Learn more about petition procedures and requirements for the Immigrant Investor EB-5 Program on the USCIS Website. Select Immigrant Petition by Alien Entrepreneur, Form I-526 for the instructions and form on the USCIS Website. Labor certification is not required for Immigrant Investors. To qualify as an Immigrant Investor, a foreign citizen must invest between U.S. $500,000 and $1,000,000, depending on the unemployment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent residents, or other lawful immigrants, not including the investor and his or her family. Immigrant Investors receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

Numerical Limitations

All categories of employment-based immigrant visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached.

Call us at (907) 562-4000 or fill out our consultation form today.