U.S. Citizenship and Immigration Services (USCIS) enforces different application procedures for foreign nationals who want to work in the United States temporarily and those who want to immigrate for work permanently. Either way, most applicants will need an employer to make them a job offer and agree to serve as their sponsor before they may apply for and acquire a visa.
Navigating the application process for long-term employment permits could be challenging without guidance from an immigration attorney. A qualified Washington DC non-temporary employment visa lawyer could explain what type of permit you may qualify for given your circumstances, and they could walk you through every step necessary to submit a comprehensive application with a high chance of a favorable verdict.
Preference Categories for Permanent Immigrant Workers
USCIS categorizes applicants for the approximately 140,000 permanent worker visas made available each fiscal year into one of five preference categories based on their qualifications, skillset, and prior work experience. A credible attorney in Washington DC could help someone pursue a non-temporary employment visa within any of these categories.
First Preference (EB-1)
This category is meant primarily for individuals who have “extraordinary” abilities in specialized fields like business, education, art, sciences, or athletics. Researchers and professors with outstanding contributions to their fields may also apply for this type of permanent worker visa, as could executives and certain managers for multinational corporations.
Second Preference (EB-2)
Individuals with “exceptional” ability in specialized fields or with advanced degrees in their fields may qualify to apply for a permanent worker visa within this preference category.
Third Preference (EB-3)
In order of priority, this category of non-temporary worker permit is available to professionals in specific fields, skilled workers with baccalaureate degrees or equivalent, and “unskilled” workers without such degrees. Most permanent worker visa applicants fall into this preference category.
Fourth Preference (E-4)
Certain individuals applying for permanent worker permits may fall into “special immigrant” categories based on their previous working experience for the U.S. government, a religious organization, or an international organization. Certain classes of noncitizens—including minors who are wards of U.S. courts—fall into this preference category as well.
Fifth Preference (E-5)
The final preference category is not for prospective foreign workers, but rather for foreign nationals who want to invest in an American community and create new jobs for U.S. citizens and lawful non-temporary residents.
Labor Certification Requirements
Applicants in the first, fourth, and fifth preference categories do not need a valid job offer from an employee to apply for a permanent employment visa. That being said, all applicants in the third preference category and most applicants in the second preference category must have an offer from an employer who has applied for and obtained certification to hire foreign workers.
To acquire this labor certification, an employer must verify that there are no sufficient qualified workers already in the United States to fill this position. They also must conclude that hiring a foreign national will not have a negative impact on working conditions or wages for current U.S. workers in similar jobs. Workers in the second preference category—and the companies looking to hire them—may be exempt from this requirement if they obtain a National Interest Waiver. A lawyer in Washington DC could help someone determine how the labor certification requirement applies to their non-temporary employment visa situation.
Contact a Washington DC Non-Temporary Employment Visa Attorney
Because USCIS makes a limited number of non-temporary worker visas available in a year, it may be crucial to ensure your application is as comprehensive and error-free as possible. This may be hard to accomplish without help from Hacking Immigration Law, LLC. Our legal professionals know how to effectively pursue this kind of permit.
An experienced Washington DC non-temporary employment visa lawyer could provide the assistance you might need to preserve your future employment prospects. Call today for a consultation to learn about your personalized employment options.