Schwartz Posel Immigration Law Group
Phone: 678-813-1936

What types of workers qualify for employment immigration visas?

Georgia businesses want to be successful financially, and sometimes they need to hire a worker from abroad. Each year in the United States, around 140,000 immigrant visas are given to those with qualifying job skills who want to live and work in the U.S. There are five employment immigration visa preferences. These preferences take into account a worker's education and skills, as well as the sector they are employed in and the position they hold.

The first preference is for workers that have extraordinary abilities in certain fields, such as sciences and the arts, among others. Outstanding researchers and multinational executives also fall under the first preference EB-1 category.

The second preference, EB-2, is for workers who have advanced degrees or those who have an exceptional ability in certain fields, such as the sciences or business, among others. This category requires a labor certificate from the worker's employer in the U.S. These labor certificates are approved by the U.S. Department of Labor and verify that there are not enough qualified, willing U.S. citizens to fulfill the job opening and that hiring a worker from abroad will not have a negative effect on the wages and working conditions of similar U.S. employees.

The third preference, EB-3, is for professionals and skilled workers. This category also requires a labor certificate from the worker's employer in the U.S. The fourth preference, EB-4, is for special immigrants, such as religious workers, retired employees of international organizations and other classes of workers and aliens. A labor certificate is not required in this situation.

Finally, the fifth preference, EB-5, is for business investors who invest a certain amount in a new business in the U.S. that will employ a minimum of 10 full-time U.S. workers. A labor certificate is not required in this situation.

This is only a brief overview of employment immigration. Ultimately, those living abroad who wish to work in the U.S. or employers in the U.S. looking to hire workers from abroad will want to seek professional guidance to ensure they are eligible for the types of visas they are seeking.

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Suite 450 RiverEdge One
Atlanta, GA 30328

Phone: 678-813-1936
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