Employment-Based Immigrant Visas

Do you have a foreign degree or possess foreign talent? You may be able to obtain an employment-based visa!

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Pricing

initial consultation $100

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* Our representation includes the preparation and filing of all necessary applications and documents for your employment based visa. We will also personally prepare you for your visa interview.

Overview

We are a national law firm with clients all over the world. Whether you are a business seeking to hire foreign workers or an individual seeking temporary employment or permanent residence, our attorneys will help make the employment-based process as smooth as possible. At Higbee & Associates, you can be rest assured that our attorneys are knowledgeable, attentive, and efficient. We treat every case with the highest level of professionalism and regard. Call us today for personable, comprehensive business immigration support.

The United States provides a yearly minimum of 140,000 employment-based immigrant visas, divided into five preference categories. These visas may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services (USCIS).

EB-1 Priority Workers

Persons of Extraordinary Ability in the sciences, arts, education, business, or athletics, who have obtained sustained national or international acclaim that can be demonstrated through extensive documentation. Such individuals should intend to continue to work in the same field of expertise, and their admission as permanent residents should substantially benefit the US.

Outstanding Professors and Researchers must be internationally recognized in particular academic areas and possess at least 3 years of academic research or teaching experience. They must have tenured or tenure-track position at universities or institutes of higher education, or in comparable research positions in institutions that employ at least three full-time researchers. Such institutions must also demonstrate documented accomplishments in the field.

Multinational Executives or Managers require individuals to be employed abroad in the same capacity during at least one of the three years preceding their applications for admission to the US as priority workers. Such individuals must enter the US to be employed as executives or managers for the same firm, corporation, or legal entity, or for a subsidiary or affiliate of the entity that employed them abroad.

EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability

This category includes aliens who are “members of the professions holding advanced degrees or their equivalent” and aliens “who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.”

EB-3 Professional or Skilled Workers

The EB-3 is for professionals who hold a US baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

The EB-3 is also for skilled workers and other workers who are not seasonal or temporary and require at least two years of experience or training as well as other workers are those who are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the US.

EB-4 Special Immigrants

This category is designated for special immigrants such as religious workers, certain long-time employees of the US government, citizens or Iraq or Afghanistan that have worked for the US Armed Forces as a translator for at least 1 year, some physicians who have residence in the US for a number of years, juvenile dependents of a court who are eligible for foster care, some dependents of diplomats, employees of the American Taiwan Institute for at least 15 years, persons who have served in active duty in the US armed services for 12 years or after 6 if they have reenlisted for 6 additional years, etc.

EB-5 Immigrant Investors

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the US economy and create the requisite number of full-time jobs for qualified persons within the US.

Benefits

EB Category visas are immigrant visas which can eventually lead to lawful permanent residence. Holders of this visa are also authorized to work in the United States and to travel within and outside of the country without renewal.

Eligibility

First Category: To be eligible for this category of employment-based visa you must demonstrate that you have an extraordinary ability, be an outstanding professor or researcher, or be a multinational manager or executive.

Second Category: To be eligible for this category of employment-based visa you must have an advanced degree, have an exceptional ability, or your skills must be a benefit to the national interest of the United States.

Third Category: To be eligible for this category of employment-based visa you must be a skilled worker, professional, or unskilled worker for which there are not qualified workers available in the United States.

Fourth Category: To be eligible for this category of employment-based visa you must be one of the following: -A religious worker, -broadcaster, -Iraqi/Afghan translator, -Iraqis who have assisted the United States, -International Organization employee, -Physician, -Member of the Armed Forces, -Panama Canal Zone Employee, -Retired NATO-6 employee, or -Spouse or Child of a Deceased NATA-6 Employee.

Fifth Category: To be eligible for this category of employment-based visa you must invest in a new commercial enterprise in the United States in the amount of either $500,000 or $1,000,00 depending on the investment location and type. You must also create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.

Process

Lawful Permanent Residency Process

Employers seeking to petition permanent residency for a foreign national must go through a multi-step process.

  • Foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of the USCIS paths to lawful permanent residency.
  • Most employment categories require that the US employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor’s Employment and Training administration. The job must be offered at or above the prevailing wage. The employer must obtain the prevailing wage determination from the State Workforce Agency (SWA). To obtain the labor certification, the employer must be able to demonstrate that there are no qualified, available, willing US workers. All labor certification applications must be filed using the Permanent Electronic Review management (PERM) system.
  • USCIS must approve the immigrant visa petition, Form I-140 (Petition for Alien Worker), for the person wishing to immigrate to the US. The employer wishing to bring the applicant to the US files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the US.
  • The State Department must give the applicant an immigrant visa number, even if the applicant is already in the US. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant.
  • If the applicant is already in the US, he or she must apply to permanent resident status after a visa number becomes available. If the applicant is outside the US when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local consulate office.

Why Choose ImmigrateFast

Why Hire ImmigrateFast.com?

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families and welcoming new workers!

Immigration law is one of the most complex areas of law. Having ImmigrateFast.com represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the field of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee & Associates, you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”

Personal Service. We take our clients seriously. We listen to their concerns and advise them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

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Employment-Based Immigrant Visas Our Law Firm Typical Law Firm
Price * $ $5,000
Includes Full Representation Yes No
Flat-Fee Contracts Yes No
Zero Interest Payment Plans Yes No
Price-Match Yes No
24-Hour Case Status Updates Yes No
Specialize in Immigration Yes No
Top-Rated Attorneys Yes No
Award-Winning Customer Service Yes No

* Our representation includes the preparation and filing of all necessary applications and documents for your employment based visa. We will also personally prepare you for your visa interview.

Frequently Asked Questions

What is PERM?

Since March 28, 2005, all labor certification applications must be filed using the Permanent Electronic Review management (PERM) system. Under this system, the employer must obtain the prevailing wage determination, conduct the required recruitment and provide notice to employees prior to filing the application. The employer must attest to recruitment efforts in the application, but does not submit proof of these efforts with the application. The DOL may audit the file and ask for proof of recruitment as part of the audit.

Can an individual obtain permanent residence through investment?

In order to qualify as an immigrant investor, the individual must invest at least $1 million in a new commercial enterprise, which employs at least ten US citizens, lawful permanent residents or other immigrants authorized to be employed in the United States on a full-time basis (exclusive of the individual, spouse, and children). If the investment is made either in a rural area or an area experiencing high unemployment, the minimum investment may be reduced to $500,000, but the latter option has a restricted quota of 3,000 investor visas for what are termed "targeted investment areas."

Due to the limited number of people applying under this category, the USCIS has issued regulations allowing more subjective and less literal readings of the law in these cases. However, because of fraud issues, there is a two-year conditional status accorded to such investors, similar to the conditional status of spouses of US citizens.

Read more FAQ about our Employment-Based Immigrant Visas service.