Secure the Finest Talent Available
San Diego Immigration Lawyers for Employment-Based Immigration
Every year in the United States, approximately 140,000 employment-based immigrant visas are made available to qualified applicants. As an employer seeking to hire an employee from another country, you must follow detailed requirements for filling out forms to start the process for obtaining one of these employment-based visas. At Banker’s Hill Law Firm, A.P.C., our immigration lawyers have extensive experience helping San Diego employers procure employment-based immigration visas for all types of workers, from multinational managers and professionals with unique skills to untrained laborers. By partnering with a knowledgeable immigration law attorney, you have the best chance possible of obtaining the employment-based immigration visa(s) you seek.
Types of Employment-Based Immigration Visas
Employment-based immigration visas are divided into five preference categories. The first category includes individuals with extraordinary ability, outstanding professors and researchers, and multinational managers and executives. The second category includes professionals holding advanced degrees and individuals with exceptional ability. Skilled workers, professionals, and unskilled workers are in the third category, and certain special immigrants are in the fourth category. Finally, the fifth category is for immigrant investors.
Employer Sponsorship for Employment-Based Immigration
For an individual to be considered for an employment-based immigration visa under some of these categories, the prospective employer must first obtain a labor certification approval from the Department of Labor. The Department of Labor certification verifies there are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage, and hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Once received (if required), the employer must then file an Immigration Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based immigration category.
One exception to the labor certification requirement is individuals with extraordinary abilities in the first category—you may file your own Immigrant Petition for Alien Worker even if you do not have a specific job offer, so long as you are entering the United States to continue working in the fields in which you have extraordinary ability. Likewise, category four special immigrants, such as religious workers, retired employees of international organizations, and alien minors, do not need employer-sponsored labor certification, nor do category five business investors.
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Speak with an Experienced San Diego Immigration Attorney About Employment-Based Immigration
According to the Society for Human Resource Management, many U.S. companies report they have numerous unfilled positions for skilled workers, especially in high-tech fields. And in a global economy, it is important for U.S. businesses to secure the finest talent available. Considering these two factors, employers must be adept at dealing with employment-based visa requirements to recruit and retain the best workers at competitive rates. If you’re interested in obtaining an employment-based immigration visa, please contact Banker’s Hill Law Firm, A.P.C. We have helped many San Diego area employers and workers acquire the visas they need.