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Employment-Based Immigration

Becoming a U.S. Permanent Resident Through Employment 

Most jobs come with benefits beyond a salary. For some, those benefits include medical coverage, paid time off, and stock options. But for others, the opportunity to immigrate to the United States is the most significant benefit of employment. At Nava Law Group, P.C., our employment-based immigration lawyers can help you understand the basics of this type of entry into the U.S. Consult with us today and discover whether employment-based immigration could work for you. 

Attorney reviewing employment-based immigration documents

What Is Employment-Based Immigration?

Employment-based immigration is a pathway that allows non-citizens to live and work in the United States based on their job skills. Unlike family-based immigration, where familial ties are the main criteria, employment-based immigration focuses on your professional qualifications. This type of immigration can lead to permanent residency and, eventually, U.S. citizenship.

Companies in the U.S. often look for highly skilled workers to fill positions that cannot be filled domestically. These positions span various industries, including healthcare, technology, and education. The idea is to attract global talent that can contribute significantly to the U.S. economy.

How to File for Employment-Based Immigration

Filing for an employment-based immigration visa involves several steps. During this process, you’ll also have to adhere to strict guidelines, so it’s important to consult with a lawyer and avoid costly mistakes. If you’re interested in employment-based immigration, be prepared for the following steps: 

  • Secure a Job Offer—Before the immigration process begins, you’ll need to secure employment from a U.S. company willing to sponsor you. This employer will play a crucial role in your application process. 
  • File a Labor Certification—The next step is to file with the Department of Labor. This ensures that hiring a worker from outside the U.S. will not negatively impact the wages and working conditions of American workers. 
  • Submit Employer Forms—Your employer is responsible for filing the relevant forms, such as the Immigrant Petition for Alien Worker. 

Wait for a Visa Number—If approved, you will wait for a visa number. Once one becomes available, you can move on to consular processing or request an adjustment of status if you are already in the United States.

How Long Does Employment-Based Immigration Take? 

The timeline for employment-based immigration varies widely based on several factors, including the type of employment-based visa, the applicant’s country of origin, and current visa backlogs. On average, it can take anywhere from several months to several years to complete the entire process. When you work with Nava Law Group, P.C., we can give you a more specific estimate of how long your employment-based immigration visa will take.

Breaking Down Employment-Based Immigrant Visas

Under employment-based immigration law, foreign workers fall into one of five categories, each serving different types of professionals. Learn more about each: 

EB-1: Priority Workers

This category is reserved for individuals with extraordinary abilities. Think professors, researchers, and multinational executives. Fewer people apply for this category; therefore, it’s one of the fastest ways to obtain a visa. 

EB-2: Advanced Degrees

This category includes professionals with advanced degrees or exceptional abilities in their field. The EB-2 visa is open to professionals in the sciences, arts, and business. 

EB-3: Skilled Workers, Professionals, and Unskilled Workers

EB-3 visas are available to a wide variety of people. This category encompasses skilled workers with at least two years of training or experience, professionals with a bachelor’s degree, and unskilled workers in positions that require fewer than two years of experience.

EB-4: Special Immigrants

This category includes a wide range of special immigrants such as religious workers, employees of U.S. foreign service posts, non-citizens who have provided services to the U.S., and retired employees of international organizations. Labor certification is not required for workers in this group. 

EB-5: Immigrant Investors

Immigrants who have made significant investments in U.S. businesses and plan to create at least ten permanent, full-time jobs for U.S. workers may be eligible for this type of employment-based immigration. 

Look to an Employment-Based Immigration Attorney

The U.S. immigration system isn’t easy to navigate on your own. Thankfully, Nava Law Group, P.C. is here to help people with the employment-based immigration process in Houston, TX. Working with an experienced attorney affords you several benefits, including expert guidance, reduced paperwork errors, and more efficient processing times. Employment-based immigration attorneys have the expertise to handle intricate legal requirements and stay updated on changing immigration laws. Our team can provide personalized advice tailored to your specific situation, ensuring you meet all deadlines and documentation requirements.

Take the First Step Toward U.S. Citizenship

Employment-based immigration is an exciting option that may lead to future citizenship. Nava Law Group, P.C. is proud to have helped so many people seeking positions at U.S. companies. Contact us today to schedule a consultation and take the first step.

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