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Exploring Pathways to Work

In today’s global economy, the movement of skilled workers across borders has become increasingly common. For non-citizen individuals in the United States seeking career opportunities, understanding the various employment-based immigration options available is crucial. Continue reading to explore the different pathways for skilled workers to have the ability to work in the United States.

Employment-Based Immigration Categories

Employment-based immigration typically falls into several categories, each designed to accommodate specific skill sets and professional backgrounds. These categories often include:

  • EB-1 Priority Workers: For occupations such as professors and researchers who exhibit extraordinary and outstanding abilities in their field.
  • EB-2 Professionals with Advanced Degrees or Exceptional Ability: For skilled workers with advanced degrees or exceptional ability in their field.
  • EB-3 Skilled Workers, Professionals, and Other Workers: This program is targeted towards professionals who may otherwise not qualify for the EB-1 or EB-2 categories.
  • EB-4 Special Immigrants: This category encompasses special immigrant categories, including religious workers, certain employees of the U.S. government abroad, and other specific groups.
  • EB-5 Immigrant Investors: Intended for foreign investors interested in investing a large amount of capital in a new commercial enterprise in the United States.

Requirements and Eligibility Criteria

Each employment-based immigration category has its own set of requirements and eligibility criteria. For example, individuals applying under the EB-1 category must prove that they have extraordinary ability in their field. To prove this, they must sustain national or international acclaim. On the other hand, applicants under the EB-2 category must typically possess an advanced degree or show exceptional ability in their profession. Additionally, specific employment-based immigration categories may require sponsorship from a U.S. employer, while others may allow individuals to self-petition. Understanding these requirements is essential for prospective applicants to determine their eligibility and the appropriate pathway for immigration.

Labor Certification and Prevailing Wage Requirements

For many employment-based immigration categories, obtaining labor certification from the Department of Labor is a prerequisite. Labor certification ensures that foreign workers will not negatively impact the wages and the working conditions of U.S. workers with a similar job or position. Furthermore, employers sponsoring foreign workers for employment-based visas must typically demonstrate that they will pay the prevailing wage. Prevailing wage is determined by the location and nature of the job and is intended to prevent workers from being exploited while maintaining fair labor practices.

Navigating the Application Process

The application process for employment-based immigration can be complex and multifaceted. Applicants may encounter various challenges, from gathering the necessary documentation to navigating bureaucratic procedures. Seeking assistance from immigration attorneys or consultants specializing in employment-based immigration can be invaluable in ensuring a smooth and successful application process. Additionally, staying informed about updates and changes to immigration laws and policies is essential, as they may impact the eligibility criteria and requirements for various immigration categories.

Skilled Workers Have So Much to Benefit from

Employment-based immigration allows skilled workers to pursue career advancement and professional growth in a new country. By understanding the different immigration categories, eligibility criteria, and application processes, experienced workers can navigate the complexities of immigration law and confidently pursue their career goals.

Our Goal in Assisting Skilled Workers

Rivera Law aims to provide comprehensive assistance to non-citizen or undocumented skilled workers seeking employment opportunities in the U.S. Through our specialized services, we endeavor to:

  • Navigate the complexities of immigration law: We guide clients through the intricate legal processes of obtaining work authorization and visas suitable for their skills and circumstances.
  • Advocate for client rights: We are dedicated to protecting clients, non-citizens, and undocumented workers, advocating for equal opportunities in the workplace that are fair and just.
  • Provide ongoing support: From initial consultations to application submissions and beyond, we offer continuous support and guidance to ensure our clients’ success in their endeavors to work in the U.S.

Call us today at (561) 651-9322 OR click here to visit our website.