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Employment Visas

Employment in the United States

Are you planning on working part-time or even full-time in the United States? If you have been hired by an American company and are planning on relocating to the States to begin employment, you will need to first secure a work visa. The United States Federal Government regulates all immigration concerns and has classified the work visas into five preference categories. These categories directly pertain to qualification of potential workers in efficiently obtaining work visas. The following categories are:

E1: First Preference- Priority Workers This category of workers is retained for people whom do not need a labor certification from their potential place of employment to prove that there is a more-qualified American citizen to fill the position. These priority workers include people with extraordinary abilities in their respected fields, including scientists, educators, artists or athletes. Researchers and multinational managers or executives also fall into this category. This group of individuals is given first priority in the work visa process.

E2: Second Preference- Degree-holding Professionals and People with Exceptional Ability Individuals falling into an E2 category will generally need a Department of Labor approved labor certification form. This group of potential workers includes people holding prestigious doctorate degrees and at least five years of experience in the particular profession and persons with exceptional abilities. They may be extraordinary in businesses, science or any other profession.

E3: Third Preference- Skilled Workers and Unskilled Workers This third preference will require a potential employer to fill out an Immigrant Petition for Alien Worker Form I-140 as well as receive a certified labor certificate. These people are generally skilled workers, who have performed at least 2 years of work in their respected profession, unskilled workers who are capable of filling an entry-level position or professionals who hold at least a baccalaureate degree from a U.S. college.

E4: Fourth Preference- Special Immigrants Fourth preference immigrants can be considered a beneficiary of an already approved individual holding a Petition for Amerasian, Widow(er), or Special Immigrant form I-360. Many subcategories compromise this this fourth preference including foreign medical graduates, certain employees of peaceful countries, and survivors or beneficiaries of NATO-6 civilians. Iraqi and Afghan nationals can be granted E4 preference if they have faithfully served in a U.S. government service for no less than one year.

E5: Fifth Preference- Immigrant Investors This last preference requires that the potential investor file an Immigrant Petition by Alien Entrepreneur form as well as meet all requirements for Immigrant Investors and Alien Entrepreneurs. The qualifying applicant must prove that they have invested at least $500,000 to the United States and that their investment will provide a minimum of ten new jobs for United States citizens. These E5 category investors receive 7.1 percent of employment visas into the U.S.

Contact Pozo Goldstein, LLP

If you are looking to obtain a work visa, or are an employer who has questions about a potential candidate for your business, it is to your best advantage to contact our law offices. We are proud to serve the Orlando area with over 90 years of combined legal service. Contact us immediately if you are looking to gain access to the U.S. and be employed by an American business.