EMPLOYMENT-BASED IMMIGRATION

(source: AILA)

Employment based immigration, with a few exceptions such as special immigrants, persons of extraordinary ability, national interest waivers and investors, requires that an employer or prospective employer submit a petition on behalf of a foreign national. Typically, employment based petitions are filed with the INS Service Center having jurisdiction over the intended place of employment. This is done by filing an I-140, Immigrant Petition for Alien Worker, with INS. Congress has designated groups to which it gives preference in immigration to the United States, based on preference categories.

Filing an employment based petition under one of the preference categories is the first step in a multi-step process necessary toward the goal of attaining permanent resident status — which confers on foreign nationals the right to live and work in the United States on a permanent basis. Employment based petitions must be approved by INS in order for the foreign national to then apply for permanent resident status. The latter application can be made at a U.S. consulate outside of the United States or by filing an application with INS to adjust status in the United States.

The Employment Preference System allows certain immigrants to obtain permanent residence (green cards) in the United States. Currently, immigration law allots 140,000 employment-based visas to immigrants. These employment-based visas are divided into the following categories:

First Preference: Up to 40,000 visas (28.6%) a year may be issued to priority workers. People who have extraordinary ability or who are outstanding professors and researchers in their field and certain multinational executives and managers fall into this category. In addition, any visas left over from the fourth and fifth preferences (see below) are added to this category.

Second Preference: Up to 40,000 (28.6%) visas a year (plus any visas left over from the first preference) may be issued to persons who are members of the professions holding advanced degrees or aliens of exceptional ability in their field.

Third Preference: Up to 40,000 (28.6%) visas a year (plus any visas left over from the first and second preferences) may be issued to skilled workers, professionals, and other workers. The other workers category covers workers who are capable of performing unskilled labor, and who are not temporary or seasonal. Workers in this category are limited to 5,000 visas per year. Skilled workers must be capable of performing skilled labor requiring at least two years training or experience.

Fourth Preference: Up to 10,000 (7.1%) visas a year may be issued to certain special immigrants, including ministers, religious workers, former U.S. government employees and others.

Fifth Preference: Up to 10,000 (7.1%) visas a year may be issued to persons who have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. At least 10 U.S. workers must be employed by each investor. The amount of money can vary depending on which area of the country will benefit from the investment. If the investor fails to meet the conditions specified, he or she can lose permanent resident status.

What Our Clients Say

Law Office of Ross Yang
5.0
Based on 28 Reviews
HC L.
HC L.
2024-01-23 14:33:23
在一亩三分地上看到的推荐,金石律所的名声好评如潮,大家都因为他们极为详尽的工作而赞不绝口。我的H1B签证正是由金石律所的海淼律师处理的,他们的工作真的非常详细,没有任何疏漏,而且他们对各种特殊情况经验丰富,还提供了各种自己需要写的文件的Sample。此外,这家律所的客户众多,对应不同公司和众多CPT学校的经验非常... read more
Zhengyu J.
Zhengyu J.
2024-01-12 17:07:11
I work at a small company in LA, and I consider myself lucky as I won the H-1B lottery this year. The company is a startup with a very small scale, and this... read more
boyang c.
boyang c.
2023-12-01 21:10:44
We had an urgent case for h1b with limited information provided. Their team worked professionally with high quality. We got h1b approved in real short time. read more
Licheng G.
Licheng G.
2023-11-29 15:01:17
We're truly grateful for Miao Hai's support on our O-1 case. Miao meticulously examined our documents, catching oversights like omitted company credentials... read more
Mika C.
Mika C.
2023-11-27 23:16:56
I highly recommend Ross Yang Law if you consider applying EB1-typed petition. I, as one of the applicant, just got my I-140 approved recently with the... read more
Gang L.
Gang L.
2023-10-25 20:31:18
Highly recommend! I am thrilled to share my positive experience with Miao Hai from the Ross Yang Law Firm, who played an instrumental role in my immigration... read more
露
2023-09-28 12:06:14
Strong recommend! Michelle from this law firm helped me from PERM to 485 approval and she is super professional and attentive! I hired another law office... read more
HC L.
HC L.
2023-09-25 11:07:16
在一亩三分地上看到的推荐,金石律所的名声好评如潮,大家都因为他们极为详尽的工作而赞不绝口。我的H1B签证正是由金石律所的海淼律师处理的,他们的工作真的非常详细,没有任何疏漏,而且他们对各种特殊情况经验丰富,还提供了各种自己需要写的文件的Sample。此外,这家律所的客户众多,对应不同公司和众多CPT学校的经验非常... read more
Yang S.
Yang S.
2023-09-15 15:50:48
我是从ArtCenter毕业的,现任铁头Tilta美国的CEO,大多数电影人应该都用过我们的产品。我们公司有很多移民签证及绿卡的需求,在和海淼律师合作前,我们咨询过数十家移民律所也跟一些行业内最大的律所合作过,走过很多弯路。在跟海淼律师合作以后,我们沟通效率提升了五倍以上,哪怕周末或者下班后,还是可以高效的解决问... read more
Rebecca P.
Rebecca P.
2023-09-11 16:57:49
I was recommended by my friend who did his work visa and green card application both with the Ross Yang Office. My work visa application is a bit... read more
Marcus C.
Marcus C.
2023-08-08 15:28:14
金石律所的海淼律师非常专业,H1B 给了非常多建议。H1B 抽了3年,今年终于抽中了!8月8 号 一收到approval,就得到律所的通知。 绿卡EB2也是找海淼律师办的,从职位的选择定位到打广告,提交perm... read more
Alicia_Jiahui Y.
Alicia_Jiahui Y.
2023-06-24 21:52:47
We worked with the Law Office of Ross Yang on our marriage based Green Card case. Since our first meeting with attorney Michelle, she explained everything... read more

Popular Tags

Share this: