Employment-Based Immigration
Each year, the U.S. Citizenship and Immigration Services ("USCIS") provides a limited number of employment-based visas for permanent residence in the United States. The process of obtaining an employment-based visa is highly competitive. To avoid delays and disappointment, it's important to choose the right strategy when applying.
One of the most valuable services I provide is an initial consultation to review your employment-based immigration case. While no lawyer can guarantee that you will receive a green card for permanent residence, Mr. Solomiany can review your case and give you an honest appraisal of your chances of success.
Employment-Based Preference Categories
As with family-based immigration, there are different preference categories and a limited number of visas available in each category. Some categories are oversubscribed, meaning that you would face an extended wait if you apply. It is our goal to carefully review your case and seek the preference category that best applies to your case and develop a strategy to maintain you in lawful status.
The preference categories for employment-based immigration are as follows:
- First preference: aliens of extraordinary ability in the sciences, arts, education, business or athletics, outstanding professors and researchers, and certain multi-national executives and managers.
- Second preference: professionals holding advanced degrees or persons of exceptional ability in the arts, sciences or business. Unless waived by USCIS, an alien in this category must have proof of a job offer in the United States.
- Third preference: skilled workers and professionals holding bachelor's degrees.
- Fourth preference: special immigrants, including broadcasters, ministers and certain employees or past employees of the U.S. government abroad.
- Fifth preference: investors who will create at least 10 jobs by investing $1 million or more, though it may be lowered to $500,00 if the investment is in an area of high unemployment.
It is important to note that the second and third preference categories require the prospective employer to file a labor certification (PERM). A labor certification is a certification by the U.S. Department of Labor that an employment position exists for which there are no available U.S. workers. The process is very detailed and the slightest mistake can affect eligibility. Mr. Solomiany has handled the labor certification process for companies in search of qualified workers.
As your lawyer, Mr. Solomiany will help you develop a strategy for the fastest way to immigrate to the United States. In some cases, this may involve applying for a nonimmigrant visa while you pursue your ultimate objective of obtaining a green card for permanent residence based on one of the five categories discussed above.
Discuss your Immigration Goals with a Board Certified Immigration and Nationality Attorney
To arrange a consultation with Florida attorney Alex Solomiany, call 305.373.1105 or fill out the contact form on this Web site. The Law Offices of Alex Solomiany, P.A., is located on 80 S.W. 8th Street, just south of downtown Miami, within walking distance of the Miami Immigration Court.
