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Employment

Visas.

Employment-Based visa attorneys

If you are hoping to immigrate to the United States, we can help. The U.S. immigration process can be challenging and complex. At Priale & Racine Attorneys at Law PLLC, we understand how vital filing accurate and persuasive immigration applications is to you and your family.

Employment-based immigration visas provide an excellent option for those hoping to immigrate on a temporary or permanent basis. If you wish to immigrate to the United States, one of our experienced attorneys can help explain and walk you through the process. 

Our Experienced Northern Virginia Immigration Lawyers can Help

Speaking to one of our experienced Virginia immigration attorneys can benefit you in the long run. It is wise to file a thorough and accurate immigration application. Our attorneys can sit down and listen to your immigration goals. Based on our decades of combined experience, we can advise you as to the best employment-based immigration visa for you.

After you decide on an employment visa, we will help you submit a thorough, accurate, and timely application. Presenting the best application possible will increase the chances that the U.S. government will grant your visa.

Types of Employment-Based U.S. Visas

The U.S. Department of State (USDS) divides immigration visas into two different categories: temporary worker visas and employment-based immigration visas.  The USDS caps the amount of employment-based visas it awards every year. Each year, USDS makes available 140,000 employment-based immigration visas that fall into several different categories.

E1 Visas for Employees with Extraordinary Abilities in Designated Fields

E1 visas are for first preference immigrants whose employment skills are quite high in demand. The following three categories of employees fall into this category:

  • Employees with an extraordinary ability in athletics, business, education, science, or the arts. These applicants must submit evidence with their application that shows that they have national or international acclaim in their respective fields. Candidates in this category do not need any job offers to receive this visa. However, they must intend to work in their respective fields while in the U.S.

  • The applicant is an outstanding professor or researcher. Applicants who qualify in this category must be pursuing tenure, or already on a tenure track in higher education. The applicant must teach at an institution of higher education upon arriving in the United States. Candidates must have a specific job offer in the United States when applying.

  • Managers or executives who have been employed by a U.S. employer for at least one out of the three preceding years. Applicants under this provision must have executive or managerial experience in their home country. They must demonstrate evidence that they have a job offer along with their application. 
E3 Employment Third Preference Applicants

This category consists of professionals, skilled workers, and unskilled workers. Third preference applicants must also secure a Form I – 140 Labor Certificate from their potential employer.  E3 applicants make up 28.6% of the annual employment-based immigration visas. The three categories of E3 applications include the following:

 

  • Skilled workers who have at least two years of work experience that is not seasonal or temporary.

  • Workers who are members of professions that require at least a Bachelor’s degree from a U.S. college or institution or the foreign equivalent. 

  • Unskilled workers who are willing and able to fill employment positions that require less than two years of experience or training. 
E2 Employment Second Preference Applicants

E2 applicants have exceptional ability or hold advanced degrees. Second preference applicants typically need to include a Form I – 140 labor certificate approved by the U.S. Department of Labor filed by their potential employer. Applicants in this category must have a job offer in place at the time of their application.

Applicants in this category receive 28.6% of the quota for employment-based immigrant visas along with any remaining open spots from the first preference category. 

In addition to holding an advanced degree above a Bachelor’s degree, the candidate must also have five years of experience in their field of study. The USDS defines having exceptional abilities as “having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” 

E4 Employment Fourth Preference for Certain Special Immigrants

Applications in this category must meet specific criteria. Clergy may apply, and foreign workers who worked for a U.S. Institute in Taiwan for 15 years may apply. This category includes various other people who meet specific and unique circumstances. E5 employment fifth preference seeks to attract immigrants with foreign capital that could create more job opportunities.

We can Help With Your Employment-Based Immigration

If you are hoping to apply for an employment-based visa, we can help. Our skilled Northern Virginia employment immigration attorneys can advise you as to the wisest way to apply for immigration status. When you are filling out applications, it is essential to do so accurately and thoroughly. Contact our law firm office today to receive a free case evaluation.

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