Immigration Law
Practice Focus
Practice Focus
Immigration Law
Employment-based immigration lets foreign nationals obtain U.S. permanent residence (a green card) through a job offer or their professional qualifications. Congress sets annual limits by category and by country, so applicants should check the Department of State’s monthly Visa Bulletin to see when their category is current.
- First Preference EB-1
- If you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager, you may be eligible to apply for Employment-Based Immigration without labor certification.
- Second Preference EB-2
- This category covers professionals with an advanced degree (or a bachelor's degree plus at least five years of progressive experience) and individuals of exceptional ability. It generally requires a job offer and labor certification. If your work is in the U.S. national interest, you may request a National Interest Waiver, which removes both requirements.
- Third Preference EB-3
- This category covers skilled workers, professionals and other workers. It requires a job offer and labor certification.
U.S. citizens and permanent residents can sponsor certain family members for immigration.
The first step is for the sponsor to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
Congress limits the number of family preference visas each year, overall and per country. Cases move forward in order of their priority date, generally the date USCIS receives the I-130.
The Department of State’s Visa Bulletin shows which priority dates are current.
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