Employees and workers of different nationalities who wish to immigrate and become lawful permanent residents must know the different types of visas. An employment-based green card application is never simple, and part of the lengthy process is either consular processing or adjustment of status.
A legal counsel from reliable immigration law firms can help you reduce the risk of rejection, prevent removal proceedings, and, given the worst-case scenario, avoid deportation to your home country.
A foreign national who aspires to immigrate to the US, become a US green card holder and, eventually, a US citizen should consult with seasoned New Jersey immigration lawyers early on. Contact us at Andres Mejer Law by calling (888) 695-6169.
Seeking Reliable Legal Advice
Seeking legal advice from a knowledgeable and well-trained NJ immigration lawyer is highly recommended. You will need to fill out various USCIS forms and prepare supporting documents for immigration paperwork. This is both overwhelming and time-consuming. Without an experienced immigration attorney in New Jersey working with you, it is easy to get confused.
He or she can explain relevant immigrant visas, help you proceed with your green card application, and minimize the risk of denial when you apply for a green card. He or she can likewise assist when acquiring conditional resident status, through either an adjustment of status or consular processing and having conditions on permanent residence eventually removed.
Immigrants often have other legal problems that may arise from their unlawful status or may be prevented from acquiring legal status. Immigration attorneys at Andres Mejer Law are dedicated to helping immigrants with their legal problems, and more.
Employment-Based Visa Application
Foreign nationals could get a green card and legal permanent resident status in different ways. One of these is getting married to a US citizen or permanent resident. In other cases, it is based on a job opportunity or other work-related engagements.
Essentially, a visa is usually a stamp in a passport that permits entry into the United States. Visas are acquired before travel, while green cards are obtained after arrival.
In particular, an immigrant visa could jumpstart a green card application, but they do not provide resident status themselves. In contrast, a non-immigrant visa will eventually expire after a set period and is not a path towards permanent residency.
An experienced New Jersey immigration lawyer will know what visa types are available to you and can guide you as you fill out USCIS forms and paperwork. Send us a message or call our NJ immigration lawyers at (888) 695-6169 to schedule your free legal strategy session today.
Immigrant and Non-immigrant Visas
US immigration can open up a lot of opportunities for foreigners. When working on your employment-based visa, making sure that your application form and supporting documents are complete can help save you precious time. Additionally, a knowledgeable and well-trained New Jersey visa attorney can help you avoid errors.
This type of visa allows the visa holder to travel to and reside in the United States permanently. This visa must be obtained before traveling to the country and is part of the immigration process of getting a green card.
This type of visa enables visa holders to visit the United States for specific purposes, such as education, work, business trips, or medical reasons. Its validity is only for a set period, with a clear departure date. Essentially, these are temporary documents that do not come with permanent residence in the US.
There are several types of nonimmigrant and immigrant visas that one could apply for through the US Citizenship and Immigration Services. Determining which applies to you, and knowing the eligibility requirements for employment visas, is something that you should spend significant time on.
The US Visa and the Immigration Process
Your immigration status will determine largely what you can and cannot do after passing through a port of entry to the United States. Individuals of a different nationality who wish to immigrate and become lawful permanent residents must contact a legal professional from an established law office
When applying for employment-based immigrant visas, well-trained and knowledgeable New Jersey visa lawyers can help make sure that your immigration forms and supporting documents are complete and properly filled out.
Immigration attorneys at Andres Mejer Law are dedicated to helping immigrants with their legal problems. A competent local attorney from our firm will know what visa types are available to you. He or she can also guide you as you fill out USCIS forms and paperwork and prepare you for your immigration interview.
Proceeding with a Green Card Application
Immigrating to become a permanent resident of the United States and applying for a green card is part of a long and tedious immigration process. It is seldom stress-free, and immigration issues can arise from a lot of factors.
A permanent resident card is more commonly referred to as a green card. Such signifies that the cardholder has permanent resident status. An individual must apply for a green card at the US Citizenship and Immigration Services. Under the relevant immigration policy, a green card is valid for ten years and lawful permanent residents may renew it after expiration.
Green cards can be very elusive. There is no assurance that an individual of a different nationality can get a green card since the USCIS office could deny an immigrant visa application or green card petition for various grounds.
For any questions related to obtaining a permanent resident card or a planned green card application, give us a call. Call our New Jersey immigration lawyers at (888) 695-6169 to schedule your free legal strategy session today.
Employment-Based Visa Categories
First Preference EB-1 Visa Category
The EB-1 Visa, or Employment-Based Extraordinary Ability Green Card, is generally for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. Considered as one of the most highly desirable US visas, this preference category also includes outstanding professors or researchers as well as multinational executives and managers.
An employment-based green card is available to foreign nationals that demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. Extraordinary ability is normally proven through showing evidence of sustained national or international acclaim.
Obtaining an EB-1 visa generally requires significant effort and preparation to build a strong case. You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met.
Second Preference EB-2 Visa Category
The second preference category is EB-2, which is for individuals who are members of a profession holding an advanced degree or its equivalent. The same is applicable for those with exceptional ability in the sciences, arts, or business.
Following the usual employment-based process, petitions must be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. However, an individual may obtain permanent residency without labor certification with a national interest waiver.
Third Preference EB-3 Visa Category
The third preference category is EB-3, which is for individuals who are skilled workers, professionals, or other workers. In general, third preference visa petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor.
Professionals or individuals whose job requires at least a US baccalaureate or foreign equivalent degree (and are a member of the professions) may be eligible for this immigrant visa preference category. The same is applicable for skilled workers or persons whose jobs require a minimum of two years of training or experience, not of a temporary or seasonal nature.
For skilled workers, they must meet the educational, training, or experience requirements of the job opportunity. Also related to this is the other workers’ subcategory for persons performing unskilled labor requiring less than 2 years of training, education, or experience, not of a temporary or seasonal nature.
Fourth Preference EB-4 Visa Category
When it comes to employment-based immigration, there are two general subgroups within the special immigrant category.
The first subcategory includes legal permanent residents returning after some authorized stay abroad, and persons reacquiring US citizenship. The second subcategory is generally for special immigrant religious workers or members of a non-profit religious denomination in the United States. However, the category can cover a broad range of applicants, such as broadcasters, Iraqi and Afghan translators, employees of an international organization, or physicians.
Fifth Preference EB-5 Visa Category
Through the EB-5 green card process, a foreign national can enjoy lawful permanent resident status and all accompanying benefits by establishing a qualified new commercial enterprise. This, however, must create ten or more full-time jobs for qualified citizens, authorized immigrants, or legal permanent residents of the United States.
A total of 10,000 US visas annually can be given to a foreign national proceeding with a business investment that will create employment opportunities in the United States. A total of 5,000 visas, in particular, are allotted for those with applications under a regional center pilot program.
A regional center, in simple terms, is an approved organization, entity, or agency that focuses on one specific area in the United States. These centers must promote growth in the economy using export sales, employment, regional productivity, or domestic capital investment.
Other Related Areas of Law
Learning about the requirements for immigrant and nonimmigrant visas is crucial for you to be able to push through with your employment plans. The US Citizenship and Immigration Services carefully evaluates all applications from foreigners who wish to enter the country, either temporarily or permanently.
Any foreign national with plans of immigrating, obtaining permanent residency, or proceeding with an application for citizenship in the United States must first be familiar with basic immigration policy. Getting the services of legal professionals is important for you to avoid mistakes and stressful proceedings.
If you have a legal issue you need taken care of, we can help. Our seasoned NJ immigration attorneys at Andres Mejer Law can help immigrants with DUI arrests, traffic citations, criminal charges and family law, divorce, and custody problems. Call us at (888) 695-6169 today.
Time is a Crucial Factor in the Immigration Process
People often put off seeing a doctor until it is too late. The same is true when it comes to immigration. Immigration issues often get worse with time, not better. A variable in the employment-based green card process is government processing times. Each year, only a certain number of green cards are available. This means you need to act fast.
Employment-based immigration law is complicated and can be intimidating. No one should conclude without detailing their full immigration history, examining all immigration documents, and consulting with experienced New Jersey immigration attorneys.
When applying for US visas and green cards, the immigration process involved can be quite difficult to navigate. In general, an aspiring green card holder will usually enter the United States using a visa, but not all employment visa holders have or will be able to get a green card. Act promptly and call our immigration law firm today!
Seek Legal Help from a Trusted Local Attorney
Whether you are proceeding with an immigrant or nonimmigrant visa application or are obtaining a green card, several immigration forms and supporting documents must be submitted to the United States Citizenship and Immigration Services.
However, USCIS processing times are known to be notoriously long. US immigration laws also tend to be very strict. As such, it is highly recommended to call a trusted law office before taking any steps. Get the legal services of a local attorney who knows the ins and outs of the immigration service.
If you wish to help family members apply for a green card and permanent residence or if you have questions related to your visa status, getting a green card, or applying for naturalization, call our immigration law firm. Dial (888) 695-6169 to schedule your free legal strategy session today.
Do You Need A Family-Based Immigration Attorney?
Are you planning to file a Form I-130 petition in the near future? If yes, give us a call and schedule a consultation with our New Jersey family-based immigration attorney. We can evaluate your situation and help you to formulate an immigration plan that could reunite you with your family in the shortest possible amount of time.
Don’t do it alone. We are here to help.