New York Employment-Based Immigrant Petition Attorneys & Business Immigration Lawyers
I-140 Employment-Based Immigrant Petitions
U.S. employers may sponsor a foreign employee or potential employee, to come to the U.S. The word “immigrate” or “immigration” stated here applies to both foreign nationals abroad, as well as those that are currently here legally in the U.S. under some other non-immigrant categories. An “immigrant” is one who has intent to live and work in the U.S. on a permanent basis. An approved immigrant petition allows the employee to come to the U.S. as a permanent resident (obtaining a green card), or if the person is currently in the U.S., the employee may adjust status to become a permanent resident.
The New York Business Immigrant Visa Attorneys at Figeroux & Associates are experienced business immigration attorneys. Our New York business immigration law firm has assisted numerous employers in hiring and sponsoring specialize-skilled employees worldwide including but not exclusive to information technology (IT) professionals, scientists, teachers and researchers, accountants and financial analysts, software engineers and web developers, as well as specialty occupation nurses and administrative (manager) nurses. Please contact our New York Business Immigration Lawyers for assistance.
There are five employment-based immigrant petitions, including an immigrant application for foreign investors (investor self-petition). The five basic categories, referred to as “preferences,” are as follow:
EB-1 – Employment-Based First Preference: Priority workers
Foreign employees with extraordinary ability in the sciences, arts, education, business, or athletics
Foreign employees that are recognized as outstanding professors or researchers in their field
Foreign employees that are considered multi-national managers and executives who seek to transfer to the U.S.
Generally, the first preference is reserved for employees who
(1) have extraordinary ability in the area of science, arts, athletics, and business;
(2) are outstanding researchers and professors; and
(3) are multi-national executive transferees.
Employers who file immigrant petitions for priority workers under EB-1 do not have to file a PERM application with the U.S. Department of Labor. There are 40,000 immigrant visas available each year under this category. Visas are usually available for beneficiary foreign employees under this category. What that means is the employee may file an application to adjust his or her status to a U.S. Permanent Resident (form I-485) concurrently with the I-140 immigrant petition by the employer, if such person is currently in the U.S. If the foreign national employee is abroad, the U.S. Consular Office may process an immigrant visa abroad immediately upon receiving an approved I-140 immigrant petition from the USCIS.
EB-2 – Employment-Based Second Preference: Professionals With Advanced Degrees Or Exceptional Ability
Foreign employees who demonstrate exceptional ability in the sciences, arts, or business
Foreign employees who possess advanced degrees, Master and Doctorate degrees
Qualified foreign national physicians who will practice medicine in areas in the U.S. which are underserved
Employment-based second preference visas are available for:
(1) workers with exceptional skills in the arts, business, or science;
(2) foreign nationals with master or doctoral degrees; and
(3) physicians and doctors who wish to practice medicine in the U.S. in underserved (under-privilege and rural) areas.
Similar to EB-1, there are 40,000 immigrant visas available annually under EB-2 and EB-2 immigrant visas are also usually current. Unlike EB-1, however, employers under EB-2 must first file and successfully obtain a PERM application for the U.S. Department of labor. The PERM process is intended to show that there is a lack of labor force in the U.S. for the position employers seek to fill. The PERM application requires various notices and publications, as well as filing with the state’s workforce authority. Accordingly, it can be very time-consuming. Please contact the New York PERM Application Attorneys and the Southwest New York & Sugar Land Employment Immigration Lawyers at Veritas for more assistance in filing the PERM, as well as filing an immigrant petition based on second preference.
EB-3 – Employment Based Third Preference: Skilled or Professional Workers
Foreign professionals with U.S. equivalent bachelor degrees
Foreign employees who possess at least 2 years of experience in specialized skills
Foreign workers that are unskilled (no visa available at this time)Employment-based third preference category is reserved for, (1) professionals who have an equivalent U.S. Bachelor degree; (2) skilled workers with at least two years experience in a specialized area of work, and (3) unskilled workers (though visas are usually not available for unskilled workers).
Employers who wish to file immigrant petitions for foreign employees under the third preference must first obtain an approved PERM application. In addition, there is usually an insufficient number of positions available within this category, creating a backlog of cases in which employers must wait until a visa is available for their employees. This usually takes 2-3 years or more. For faster ways of sponsoring employees abroad, please contact the experienced New York Immigration Attorneys at Figeroux & Associates at (855) 768-8845.
EB-4 – Employment-Based Fourth Preference: Special Immigrants
Foreign religious workers who are within the same denomination as the sponsor for at least 2 years. Special foreign aliens who were previously employed by the U.S. government or retired international organizations Employment-based fourth preference category is reserved for religious workers. Religious institutions in the U.S. may sponsor religious workers under R-1 non-immigrant visas who are currently in the U.S. or foreign national religious workers abroad to permanently reside in the U.S. Monks, priests, and ministers may be qualified under this category.
EB-5 – Employment-Based Fifth Preference: Employment-based
Fifth preference is an investment immigrant visa in which foreign nationals must invest a substantial amount of capital into the U.S. The investment may be capital (liquidity) or through a combination of capital and other assets (such as equipment). To qualify, the foreign national must invest at least $1,000,000 in an urban area or at least $500,000 in a rural area. The company can either be a start-up or it can be the purchase of an existing U.S. company. The employer/investor must employ at least 10 U.S. citizens or permanent residents. In addition, the foreign national must control and manage the company. An immigrant visa is immediately available for persons under this category and there is no requirement for a PERM application.
