Priority workers, including foreign nationals with extraordinary ability in business, athletics, the arts, education, or the sciences can self-petition and show that that person is one of the very few at the top of his or her field. Outstanding researchers and professors as well as multinational transferees needed permanently by the United States entity can also qualify as Priority workers. Rabinowitz & Rabinowitz, P.C. has successfully represented many foreign nationals who have immigrated in these categories.
A foreign national with exceptional ability or with an advanced degree is eligible to apply for an employment-based immigrant visa. Such a person will first need to obtain a certification from the Department of Labor that there is no United States worker ready, willing, able and qualified to fill that position, after an active recruitment period. This process involves the use of the Department of Labor’s PERM program. Certain positions are exempt from the Labor Certification requirement if shown to be in the national interest.
A foreign national with a bachelor’s degree or a skilled worker filling a position requiring at least 2 years of training or experience can also be eligible to apply for an employment based immigrant visa. The employer will first need to obtain a Labor Certification from the Department of Labor.
Certain religious workers are also eligible to apply for an employment based immigrant visa.
Finally, our Firm represents investors seeking to obtain approved employment based entrepreneur visa petitions based on qualifying investments in the United States, including those in approved Regional Centers.
There are many family relationships that enable foreign nationals to become eligible to immigrate to the United States. Spouses and children of U.S. citizens and lawful permanent residents, and siblings and parents of citizens can be the beneficiaries of family-based immigrant visa petitions as the first step in obtaining lawful permanent resident status.
For more information on employment based and family based immigration, please see “Resources & Helpful Links” for the U.S. Citizenship and Immigration Service website and the Department of State website, or contact our office to schedule an evaluation of your eligibility for benefits in your specific circumstances.