Employment Based Immigration law attorney Elizabeth Barna specializes in all immigration-related areas of practice, including the following:
Non-citizens are eligible for U.S. employment provided there are no qualified U.S. workers for the job. For employment based immigrant visas the prospective employer must fill out a labor certification with the U.S. Department of Labor that specifies the qualifications for the particular job the employer is trying to fill.
• EB-2 exceptional ability worker
The U.S. gives preference here to non-citizens with exceptional abilities in science, the arts or business. These abilities are rated on a merit scale that looks at stringent criteria Workers of extraordinary ability; Outstanding academics and researchers; and Certain transferring multinational executives and managers.
• EB-2 advanced degree professional
The U.S. gives preference here to non-citizens with at least the equivalent of a Master’s or Bachelor’s degree and five years of professional experience in the field Members of the professions with advanced degrees or their equivalent; and Persons of exceptional ability in the sciences, arts, or business needed in the United States for that ability.
• EB-3 professional worker
The U.S. gives preference here to non-citizens with the equivalent of a Bachelor’s degree. Professionals: qualified immigrants who hold baccalaureate degrees and who are members of the professions
• EB-3 skilled worker
The U.S. gives preference here to non-citizens who are graduates of two-year or vocational programs or have two years or more of job experience. Qualified immigrants who are capable, at the time of petitioning, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States
• EB-3 unskilled worker
The U.S. gives preference here to non-citizens with two years or more of job experience, but who have two years or less of higher education. It is difficult for employers to obtain labor certifications for these types of jobs since it’s usually not possible to demonstrate a lack of qualified American workers. Other qualified immigrants who are capable, at the time of petitioning, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States
Invest $1,000,000 in a business and hire 10 American workers. The investment may be as low as $500,000 if the business is in a high unemployment or rural area. The investor may opt for investing in a regional center which has been approved by immigration, rather than opening and running his or her own business.
H-1B visas qualify workers for temporary employment in a specialty occupation. They are good for three years and allow for a three-year extension, but they are strictly rationed.
A green card signifies that you have been granted permanent residency in the United States. Once you have been granted a green card, you can apply for full citizenship after five years. The rules pertaining to green card status are extremely complex. In most cases, you will need to be sponsored by an employer or a close family member. If you are a person of exceptional ability, however, or you are a refugee or granted asylum in the United States, you will not need a sponsor.