To gain entry into the U.S. to work, a person must first qualify and obtain a valid visa. Generally, when a person comes to work in the U.S., they either desire to work on a temporary basis or intend to permanently immigrate and work indefinitely in the U.S. A Oak Brook non-temporary employment visa lawyer can help you understand if you might qualify for a temporary or non-temporary employment visa.
Individuals who intend to stay and work permanently in the U.S. are called “immigrants.” They must apply for immigrant visas. The U.S. allows a limited number of employment-based immigrant visas every fiscal year. For most non-temporary, permanent employment visas, the applicant will have to demonstrate special skills or circumstances in order to qualify.
Non-temporary, or permanent immigrant visas, break down into five possible categories or “preferences”: EB-1, EB-2, EB-3, EB-4, and EB-5. An immigrant who desires to obtain a visa in one of these categories must satisfy certain requirements. A knowledgeable employment visa attorney can explain what those requirements are.
EB-1 visas, or first preference worker visas, require that a person demonstrate “extraordinary ability” in athletics, education, business, the sciences, or the arts. This category also includes workers who can prove extraordinary skills as a professor, researcher, or multinational executive or manager. EB-1 visas are highly desirable, as the permission to work is permanent and the process is somewhat streamlined.
Applicants of this type of visa do not need to obtain Labor Certification from the Department of Labor. This means that the applicant does not need to prove that there is a labor shortage in the U.S. for his or her type of work.
EB-2 visas, or second preference worker visas, require that a person either hold an “advanced degree” or has “exceptional ability” in the sciences, arts, or business. The terms “advanced degree” and “exceptional ability” are special terms that a non-temporary employment visa attorney in Oak Brook can explore with an applicant. EB-2 immigrants must generally go through the Labor Certification process with the Department of Labor.
This means that the immigrant will have to prove that in their given profession and location, there are insufficient qualified, available U.S. workers for the position offered. A job offer and an employer willing to file the visa petition on their behalf is usually necessary. However, in some circumstances, these requirements can be waived.
Visas are available to foreigners who have a job offer, have special circumstances, or are looking to invest in an enterprise. Each visa category has specific qualifications applicants must meet:
EB-3 visas, or third preference worker visas, are reserved for those who fit the categories of skilled workers, professionals, and unskilled workers. “Skilled workers,” “professionals,” and “unskilled workers” are specific terms defined in U.S. immigration law. EB-3 visas generally require Labor Certification, a job offer, and an employer willing to file the visa petition on behalf of the immigrant.
EB-4 visas, or fourth preference worker visas, are a catch-all category, known as “Certain Special Immigrants.” There are over a dozen special categories of persons who might qualify for this visa, ranging from religious clergy to minor children who suffered abuse, neglect, or abandonment in their home country. The EB-4 visas do not require Labor Certification.
EB-5 visas, or fifth preference worker visas, are made available to foreign investors who want to substantially invest in a new commercial enterprise. The term “new commercial enterprise” can mean either an enterprise established after November 29, 1990 or an enterprise established before November 29, 1990 that is now restructured. It could also include a business that is expanded through the applicant’s own investment.
The EB-5 permanent immigrant visa does not require Labor Certification but does require substantial capital and detailed evidence in support of the application.
There are several reasons why non-temporary work visas are beneficial for foreign workers and their families. For starters, many employees prefer the ability to remain in the United States indefinitely while pursuing their careers.
Arguably the biggest benefit of these visas is that they could eventually allow a foreign national to pursue citizenship. For instance, a non-temporary worker could transform his or her visa into lawful permanent resident status over time. This is important as it is a vital step toward naturalization and citizenship. The holders of EB-1, Eb-2, and EB-3 visas are usually able to pursue this option. There are additional requirements for EB-4 and EB-5 holders, but a path to citizenship could be available to them as well. An Oak Brook non-temporary employment visa attorney could offer further insight into this process during a consultation.
With permanent employment visas, there are limited numbers of visas available. Depending on your home country and the date when you apply, there could be a significant waiting period before a permanent visa is offered. To maximize your chances of obtaining a permanent employment visa, contact an Oak Brook non-temporary employment visa lawyer today.
