Permanent Visas: Employment-based

In an ever changing and competitive global economy today’s business survival depends on the ability to tap the world market for the best employee regardless of nationality. U.S. immigration laws permit companies to sponsor and hire foreign workers to come and work and live in the United States under certain conditions. In the complex world of employment-based U.S. Immigration Law, employers who seek employees from other nations must be assured that they are taking the correct legal steps to employment based immigration throughout the employment process. At the Law offices of Dominick Rendina, our attorneys will work side-by-side with you throughout the petition processing and follow through to assure on-going compliance once the petition process is complete.

If you are seeking employment in the United States you will need authorization by the United States Citizenship and Immigration Services (USCIS) to do so. Obtaining a work visa or green card from the USCIS requires proper documentation and strict compliance with U.S. laws and regulations. We understand how to navigate these complex laws and how they are enforced and can provide employer and employees the necessary professional assistance to properly comply with these laws.

Whether you seek to secure either a temporary work visa or a green card, we can assist you throughout your employment petition process. We concentrate on labor certifications and green card petitions based on employment as well as employment-based nonimmigrant visas as follows:

Employment-Based Visas (Green Card)

First Preference (EB-1): This category includes immigrants of “extraordinary ability” in their field of endeavor, outstanding professors and researchers, and certain multinational executives and managers.

Second Preference (EB-2): Business visa reserved for members of the professions holding advanced degrees or persons of exceptional ability

Third Preference (EB-3): Reserved for skilled workers and professionals (applicants whose employment requirements demand at least a bachelor’s degree or 2 years of work experience)

Third Preference (EB-3-OW): Reserved for workers whose employment requires an educational level less than a bachelor

Fourth Preference (EB-4): This preference is for “special immigrant” visa; such as certain religious workers, Panama Canal Treat employees, Amerasian children certain employees of U.S. foreign service posts to name just a few.

Fifth Preference (EB-5): This preference is an employment creation visa. An EB-5 category provides conditional residency for those who invest $1 million in new commercial enterprises and employees at least 10 full-time US workers. Conditional residency under this preference category means that the beneficiary receives temporary residence for a two-year period. Subsequent to this two-year period an application may be file to remove temporary condition and grant a permanent residence.

ADJUSTMENT OF STATUS

Adjustment of status is the process of obtaining lawful permanent residence status in the United States without having to leave the US. ‘Adjustment of status’ is different from ‘change of status’, which generally is applicable to non-immigrants moving from one immigration status to another. The adjustment of status is unavailable to many persons to enter the US without inspection or who violate their status while present in the United States, however there are exceptions.

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