This is an overview of the current
law applying to applications for permanent residence in the
U.S. based upon employment or business purposes.
There are five basic types of business immigrant
visas. All categories are limited by annual levels and per-country
levels.
- First Category: Priority Workers
- Second Category: Members of the Professions
Holding Advanced Degrees or Persons of Exceptional Ability
- Third Category: Skilled Workers, Professionals
and Other Workers
- Fourth Category: Certain Special Immigrants
- Fifth Category: Investors
These immigrants become permanent
residents and obtain the indefinite right to live and work
in the United States, as long as they do not commit any offense
that would render them deportable.
Business immigrants usually are sponsored by a
U.S. employer based on a demonstrated need. Some business
immigrants may self-petition if they meet statutory criteria
for extraordinary ability in their field, or if their
entry would be in the national interest.
Most business immigrant cases require Department
of Labor certification that no U.S. workers are able, qualified
or willing to take the position offered to the foreign national
and that admitting the immigrant will not negatively impact
the wages and working conditions of similarly situated U.S.
workers. The only categories exempt from this requirement
are those for individuals who are extraordinary or outstanding
in their field or whose presence is in the national interest.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737.
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