Employment Based Visas

There are various types of employment based visas, these include: priority workers, professionals with advanced degree and aliens of extraordinary ability, skilled workers, special immigrants, and immigrant investors. The group in which an immigrant falls determines the application process they must go through to enter the United States via an employment based visa.

1. Priority Workers

The category of priority workers refers to an array of professions or traits that qualify foreign nationals for an employment visa. These individuals have first preference in the visa process.

Foreign nationals who have what is referred to as extraordinary abilities (i.e. abilities in the arts, sciences, education, business, or individuals who have national or international athletic acclaim) qualify for employment visas. To be considered extraordinary, one must have had their achievements recognized and have the documentation to show such achievements. Additionally, they must show their work will benefit the United States in the future, and in return for showing this, they do not need to show an offer of employment to support their application.

Professors and researchers who have international recognition and have shown to be exceptional in their field may also be priority workers. These individuals must have taught or researched in their field for at least three years, and they must have been put on the tenure-track for their teaching or research position.

Finally, multinational executives or managers who have employment within these capacities and have been there for at least one year may be eligible as priority workers.

2. Professionals with Advanced Degrees & Aliens of Extraordinary Ability

A foreign national with an advanced degrees are similar to foreign nationals with exceptional ability. The major difference between this category and the former is that labor certifications are necessary for this class of foreign nationals. If you qualify as an exceptional ability foreign national, you do not need such certification. A foreign national petitioning in this category must have an advanced degree or equivalent. Individuals who also qualify as those with a bachelor's degree who have had five years of experience in their field. Finally, the work must benefit the United States in some capacity. This option is the second preference for foreign nationals.

3. Skilled Workers

Skilled workers or professionals holding basic degrees represent the third preference for application of a visa for foreign nationals. These workers must have at least two years of training or experience. This individuals will need labor certifications to qualify.

4. Special Immigrants

Special immigrants are those individuals who are medical doctors who have been in and practicing in the United States since 1978. Additional special immigrants are those long-term United States government workers who are abroad, battered spouses, and religious workers. Special immigrants do not require labor certifications to be obtained.

5. Immigrant Investors

Immigrant investors are the final preference for obtaining an employment visa under the EB-5 program. These individuals must invest at least $1,000,000 in a United States based enterprise. This enterprise must also employ at least 10 U.S. workers. Another option is the investment of $500,000 in targeted employment areas can qualify foreign nationals in this category. Any foreign national attempting to qualify in this category must actively participate in the management of the enterprise, however there is no need for a labor certification.

The Three-Step Process to Obtaining an Employment Visa:

First you must complete a labor certification petition (if a labor certification is required by your appropriate category listed above). Next is the immigrant visa petition. Finally, there is an adjustment of status for those in the United States.

Contact our Miami-Dade County Employment Based Visa Attorneys

Contact our Miami employment based visa attorneys at 305-755-4780, toll free at 1-844-VARI-LAW, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.

Our South Florida Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County. Our Miami, Florida law office is open Monday through Friday from 8:00 am until 5:00 pm and weekends and evenings by appointment.

Consultations are available in person at our downtown Miami law office and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.