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Queens Employment Immigration Attorney

Employment Based Immigrant Visa Categories

In certain cases, you may qualify to immigrate to the United States by virtue of your employment. A limited number of employment based immigrant visas are issued each year and a New York City immigration attorney can help you with your application. Having a seasoned legal professional address your case ensures all possible steps are taken to increase your chances of being approved. This prevents you from having to rely heavily on luck in a matter so integral to your future.

Who is eligible for a work visa in New York?

Employment based immigration is granted across five broad categories, each with their own subcategories.

Visas are issued per the preference these categories are given, which is as follows:

  • Priority workers, such as multinational managers, executives and professors / researchers.
  • Persons of exceptional ability and individuals holding advanced degrees.
  • Professionals, skilled workers and unskilled workers.
  • Certain special immigrants, including a selection of specific subgroups. Examples of some of these subgroups include persons recruited outside the United States for the U.S. armed forces, certain relatives of NATO-6 civilian employees, immigrant investors and ministers of religion.

Types of Employment Based Visas

In the United States, there are five major categories of employment based visas:

  • EB-1: The EB-1 visa is for first priority workers. To qualify for this type of visa, a worker must meet the eligibility requirements of a worker with extraordinary ability, a worker who is an outstanding professor or researcher, or a worker who is a multinational manager or executive.
  • EB-2: This category of visa is for those who meet the second preference employment requirements. There are three sub-categories for second preference workers: those who possess advanced degrees, those who have demonstrated exceptional ability and those who possess national interest waivers.
  • EB-3: This type of visa is a third preference employment visa. It is the most heavily applied-for employment visa, so there are limited spots and somewhat of a backlog in processing these petitions. You could qualify for an EB-3 visa if you meet the requirements of a skilled worker, professional or "other" worker.
  • EB-4: This type of employment visa is for those who qualify as "special immigrant" status, a status that is applied to immigrants who possess at least one of at least ten possible job titles.
  • EB-5: This final category of employment visa is available to foreign investors. There are minimum investment requirements as well as additional requirements for how many jobs the investment is expected to create and what type of business you wish to invest in.

New York City and Queens Immigration Lawyers

Musa-Obregon Law PC is a full service law firm serving Queens and New York City, dedicated to helping you achieve your immigration goals. We will review your specific circumstances to determine the best avenue through which you should apply and guide you competently through each step of the process.

If your employer is required to obtain labor certification from the Department of Labor, for example, we can liaise with them on this matter. Once your case goes to the Visa Processing Center, we can coordinate with them to ensure all timelines are met and all forms are correctly submitted.

If you wish to find out more about your qualifications for employment based immigration, contact an immigration lawyer from our New York City firm to discuss your situation and legal options. We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.

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