Employment Based Immigration
Employment-based immigration requires a US citizen employer to demonstrate that a qualified US resident worker is unavailable for a position. This task is accomplished by filling an application for a labor certification from the Department of Labor. Thus, allowing the employer to sponsor a non US resident worker to attain legal status to work in the United States.
LMG Law will assist in every step of the process from attaining pre-certification status to the renewal of necessary documents.
Employment-based immigration requires an acquisition of an immigrant preference classification. This is done according to the level of education and experience required to perform the duties of a given occupation.
Presently, there are five types of workers eligible for employment-immigrant Visas. These are known as preference classifications, this entitles an alien to immigrate in the order of the date in which the labor certification was filed, priority date, or when certification is a prerequisite.
These preference categories are E1, E2, E3, E4, and E5.
E1: Priority Workers
A First Preference applicant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, filed with USCIS. Labor certification is not required for any of the Priority Worker subgroups.
There are three sub-groups within this category:
Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.
E2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability
A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as aNational Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
Persons with exceptional ability in the sciences, arts, or business.
E3: Skilled Workers, Professionals, and Unskilled Workers
A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.
There are three subgroups within this category:
Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
Unskilled workers are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.
E4: Certain Special Immigrants
A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad. Labor certification is not required for any of the Certain Special Immigrants subgroups.
There are many subgroups within this category. Please inquire with LMG Law to see if you fit within one of the 19 categories.
E5: Immigrant Investors
Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.
I am very glad I met Lahaina. She is a great lawyer, very professional, careful and knowledgeable. She is also very human, understanding and she just wants the best for you. I had a great experience with her and I would always go back to her if I ever needed an immigration lawyer again. Thank you for all your help. - Selene, Los Angeles
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Frequently asked questions...
What if I don't live in the United States?
LMG Law understands that immigration clients may be based abroad or traveling. Thus, we offer free consultations over Skype and phone.
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Contrary to popular belief, being undocumented in the United States does not always lead to a 3 or 10 year ban. We are happy to do an intake with you to explore your options . You may fall into the exceptions, such as Deferred Action for Childhood Arrivals (DACA), Violence Against Women Act (VAWA), or more.
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LMG Law offers remote intakes and meetings. If you cannot make it to our Hollywood office, we will be happy to work with your schedule and travel restrictions.
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LMG Law prioritizes competitive pricing. We will do our best to out price other law firms. Unfortunately, immigration law firms cannot give flat prices for services as each case is contingent on many factors (such as criminal history, nationality, employment, etc.).
Does LMG Law attend interviews with me?
LMG Law will attend your interviews or go to USCIS with you if you desire.