U.S. Immigration law provides several avenues for immigration including immigration path for individuals employed in the USA by private employers in certain occupations. Eligibility for employment based immigration categories practically always, with some very few exceptions discussed on these pages, predicated on an employer’s desire to petition for immigration of the worker and ability to demonstrate the need for the worker including that there are no U.S. workers available to fill the particular job opportunity.
U.S. immigration law holds ability of the U.S. Citizens and Legal Permanent Residents to find employment in the USA sacred and strives to preserve it, making employment-based immigration rather cumbersome and technically as well as procedural complicated endeavor.
There are five categories of employment based immigration applications, which carry significant annual numerical limitation on visas and technical difficulties in the application process. Hence, employers are encourages to hire experienced immigration attorneys to handle these applications on their behalf.
In the complex world of U.S. employment-based immigration, the EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) categories offer pathways to permanent residency for highly talented individuals without requiring employer sponsorship. These options appeal to professionals, researchers, artists, and entrepreneurs seeking green cards based on their merits.
This article examines whether and when a foreign lawyer can qualify for EB1A extraordinary ability classification and issues involving EB2 lawyers.
Certain long-term international organization employees in G4/ NATO-6 status and immediate relatives are eligible for EB4 visa. Learn more here
We examine when the assets of an individual may be considered in determining the immigrant visa petitioner’s ability to pay the proffered wage.
