New Jersey and New York Immigration Lawyers

Employment-based immigration allows foreign nationals who have skills and talents needed in the United States to obtain lawful permanent residence status (a 'green card'). Employment-based Immigration

1. Priority Workers (First Preference). This category includes individuals with 'extraordinary ability', 'outstanding professors and researchers' and 'certain multinational executives and managers.' A foreign national who qualifies for the O-1 nonimmigrant visa will usually be "extraordinary" for permanent residence. A foreign national who qualifies for L-1A nonimmigrant classification will generally qualify for the multinational executive and managers category. A labor certification is not required.

2. Professionals holding advanced degrees or exceptional ability (Second Preference). Foreign nationals who are 'members of the professions holding advanced degrees or aliens of exceptional ability.' A labor certification may be waived in this category, if it is determined that the foreign national has come to the United States to do work "in the national interest."

3. Professionals, skilled and unskilled workers (Third Preference). Foreign nationals who are hold Bachelor's Degrees, skilled workers performing labor requiring at least two years training or experience and unskilled workers. Only 10,000 visas per year are available for unskilled workers. A labor certification is required for all third preference immigrants.

4. Special Immigrants (Fourth Preference). Foreign nationals who are ministers, religious workers and certain other special immigrants. No labor certification is required.

5. Employment Creation (Fifth Preference). Foreign nationals who invest $1,000,000.00 ($500,000.00 in some locations) in a job-creating enterprise in the United States. No labor certification is required.

Labor Certification

A "labor certification" is a determination by the U.S. Department of Labor that there are no available and qualified U.S. workers for the position being offered and that the employment of the foreign national will not adversely affect the wages and working conditions of U.S. workers. Individuals who do not have special professional skills or training may qualify for labor certification. The process is somewhat lengthy and the employer must conduct a supervised recruitment with a state employment service in order to test the labor market. Generally, the foreign national is in a valid nonimmigrant status during this process, unless he/she is abroad. The labor certification is a prerequisite to the Second and Third Preference employment categories, unless in the Second Preference the work is deemed to be "in the national interest."

Employment Visa Types

E-1 Treaty Trader/E-2 Treaty Investor
The E Visa category is available to citizens of countries which have a treaty of trade and commerce with the U.S. E-1 & E-2 are non-immigrant visas which allow an alien to come to the U.S to invest in a new business or to purchase an existing business. An E-1 visa pertains to an international trader whereas an E-2 pertains to an international investor. The E-1 trader must conduct 'substantial' trade between the treaty country and the United States; the E-2 investor must make a 'substantial' investment in the United States. Key employees who are nationals of the treaty country may be eligible for E status. There is no maximum period of stay for this visa category. Also, an EB5 visa may be granted to an individual who makes an investment of not less than $500,000 USD in a business in a rural area, or $1,000,000 in an urban area. This form of investment visa is a permanent residence visa.

H-1B1: Temporary Workers
H-1B1 temporary workers are defined as persons who will perform services in specialty occupations on a temporary basis. The Immigration Act of 1990 defines specialty occupation as: "an occupation which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." H-1B1 visas are available to foreign nationals with a minimum of a Baccalaureate Degree or its equivalent, working in a specialty occupation which requires said degree as the minimum for entry into the position. The employment is "employer specific" and the petitioning employer must file attestations with the U.S. Department of Labor, including an attestation that the salary offered is at least the prevailing wage for the position. Foreign nationals are allowed to remain in the United States for a period of six years in a H-1B1 classification.

H-3: Alien Trainees
The H3 visa is a nonimmigrant visa which allows foreign nationals to enter the U.S. to receive training by a U.S.employer, so long as the training is not designed to provide productive employment. An H-3 visa allows foreign nationals to remain in the United States for a period of two years.

The J-1 Visa - Exchange Visitors
Through the J-1 visa program, the Department of State grants certain educational institutions and organizations the right to sponsor persons as exchange visitors. Persons who hold J-1 visas are restricted to working, studying or participating in the specific exchange programs for which the visa has been approved.

L-1A/L-1B: Intracompany Transfers
These Visas are available to employees of international companies who have worked abroad for a related company for at least one year in the three years immediately preceding the filling of the application. The L-1 visa category is intended for Intracompany Transferees, (or persons coming to work in the US for an employer that is related to a company the applicant worked for prior to entering the US).
There are two subcategories of L-1 visas: (1) L-1A visas for intracompany managers and executives; and (2) L-1B visas for individuals with specialized knowledge or skill. L-1B classification is available to employees with specialized knowledge who may remain in the United States for a total of five years.
For multinational companies that meet certain criteria, relating to size, revenue, or number of transferees, it is possible to obtain a blanket authorization to transfer managers, executives, and professionals with specialized skill or knowledge.

P Visa: The P visa is available to athletes and entertainers.

R-1 Visa: Qualified religious workers may qualify for an R-1 visa.

TN NAFTA
Available to qualified workers from Canada and Mexico entering the United States to work in fields designated in the NAFTA Treaty. The TN worker must have the intent to remain only temporarily in the United States and is admitted for a period of one year.

Millar & Smith, PLLC has assisted many people in claiming immigration benefits. We provide full service representation for filing, test and interview preparation, and defending against actions and requests for evidence (RFEs) from the government. Our immigration attorneys guide the case through processing to ensure proper handling. Contact us for more information or to start your case.