Understanding Employment Based Immigration

In this blog post, we'll discuss the basics of employment-based immigration and give you a few tips on how to make the process easier.
Dooley Noted, Business Lawyer, Estate planning, Restaurant Lawyer, Insurance Dispute attorney, Alternative Dispute Resolutions

Staff Writer

Staff Writer, @DooleyNotedLaw

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Business owners are often looking for ways to improve their company and bring in more revenue. Seeking employees outside of the United States is one way business owners can capitalize on improvements. In other words, hiring foreign employees provides your company with a great avenue to get ahead of the competition. Additionally, this produces the best possible recipe for creativity and innovation. Ultimately, hiring foreign employees takes your company to new heights, but its important to understand employment based immigration processes before you make any offers.

But don’t worry – Dooley Noted can help! In this blog post, we’ll discuss the basics of employment-based immigration. Additionally, we’ll give you a few tips on making the process easier.

Five Preference Categories for Employment-Based Immigration

First, in employment-based immigration, the employer files a petition with the U.S. government. In other words, the employer requests permission to hire a foreign worker. The U.S. government divides the petition into five preference categories. Read below to learn more about which preference category might apply to your foreign employee(s). 

Employment First Preference (E1)

Employment First Preference (E1) applies to “priority workers” and “persons of extraordinary ability.” This category includes three subcategories: Priority Workers, Persons of Extraordinary Ability, and Outstanding Researchers and Professors.

To qualify for Employment First Preference, the potential employee must prove their status in this category. For instance, this person must have an extraordinary ability, an advanced degree in the profession you seek to fill, or have a job offer in the United States that the U.S. government would consider of “national interest.” 

Employment Second Preference (E2)

The Employment Second Preference (E2) category includes professionals holding advanced degrees or persons of exceptional ability. In other words, the individual needs to hold a U.S. master’s degree or higher or its foreign equivalent. Additionally, the Second Preference includes persons of exceptional ability. Persons of exceptional ability are individuals who have extraordinary skills in the sciences, arts, education, business, or athletics.

Employment Third Preference (E3)

The Employment Third Preference (E3) makes up skilled workers, professionals and unskilled workers. In other words, this preference includes workers with a two-year job training, a baccalaureate degree, or unskilled workers. Moreover, for individuals to qualify in this category, their job position must not be temporary or seasonal. The U.S. government limits this category to 40,000 individuals each year.

Employment Fourth Preference (E4)

The Employment Fourth Preference (E4) makes up certain special immigrants. The U.S. Government recognizes  many different categories under this preference.  For instance, the U.S. government considers immigrants with religious vocations and Afghan and Iraqi translators . Additionally, the U.S. government does not limit the number of annual considerations for this preference.

Employment Fifth Preference (E5)

Immigrant Investors make up the Employment Fifth Preference (E5). This preference includes investors who will invest either $500,000 or more in a business in the United States. However, this investment must include the creation of at least ten full-time jobs for U.S. workers. Furthermore, the U.S. Government limits this category to 5,000 visas annually. 

Immigrant Business Visa for Employment Based Immigration

The U.S. government allows only a limited number of business visas per country each year. And these Immigrant Business Visas include permanent residency.  A U.S. employer usually sponsors this visa and files a petition with the USCIS (United States Citizenship and Immigration Services). As a self-employed foreigner, you may receive  an immigrant business visa if you can show that your business will benefit the United States economy. Ultimately, your business will need to create jobs for Americans and invest in the U.S. economy.

Non-Immigrant Business Visas for Employment Based Immigration

The U.S. government issues non-immigrant business visas as temporary visas.  In other words, the visa holder must renew the visa regularly. As an employee, the visa holder must have a U.S. sponsor. Additionally, this visa holder must follow specific work requirements to maintain their visa status. 

Further, the U.S. government offers different non-immigrant visas. The purpose of the visit will determine the type of non-immigrant visa needed. However, the most common type of non-immigrant business visa is the B-visa. The U.S. government issues the B-visa for temporary visitors coming to the United States for business purposes.. For instance, a visitor might apply for the B-visa to attend meetings or conventions, negotiate contracts, or conduct research. Employees who come on this visa must have a legitimate business reason for traveling to the United States. Additionally, they cannot work without authorization.

Why Hire an Immigration Attorney in Texas?

Employment-based immigration visas can be complicated and time-consuming to apply for; however, Dooley Noted can help make the process easier. We will guide you through every step of the application process. Contact us today to learn more about how we can help you and your employee obtain an employment-based immigration visa.

If you want to bring employees to the United States through employment-based immigration visas or need assistance with a visa renewal, reach out to us today for a free consultation. Ultimately, we would be happy to answer any questions and help you get started on the application process.

The contents of this post, and the posting and viewing of the information on this post, should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. An attorney should be contacted for advice on specific legal issues.

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