Employment-Based Categories for Immigration

While many California residents may think that immigration to the United States is only possible if a family member sponsors them, as discussed previously, this is not the case. it is possible to become a lawful permanent resident of the country based on an offer of employment. Employment-based immigration has several different categories, as discussed below, but revolve around the employee’s skill, education and work experience.

One of the categories for an employment-based visa is that of priority workers. These are people who have an outstanding ability in arts, the sciences, business, or are athletes who have national and international acclaim with recognized achievements. They could also be extraordinary researchers or professors, or key managers or executives of certain multinational companies.
Another category for employment immigration is of professionals who have advanced degrees or who have an exceptional ability in sciences and arts or businesses, but a job offer for such people could be waived if it is in the national interest. As mentioned previously, another category exists for foreign nationals who are investing in a new commercial enterprise and are creating employment as a result.

It’s important to know that the number of visas based on employment is limited, as is the percentage of visas that are allotted to each category. This means that visas are not always available in certain situations. Therefore, understanding how one’s immigration status may affect one’s employment and vice versa, it might be helpful to speak to an attorney with experience in the specific field.

Share This Story, Choose Your Platform!

Leave a Reply

Your email address will not be published.

Recent Posts

Why Do Employers Need a Labor Certification?

Last week’s post discussed the importance of a Green Card, a document that entitles the holder to work and reside legally in the United States. There are several ways of getting a Green Card, including through family relationship or special

LEARN MORE

Why Are Big Companies Supporting Dreamers?

The Trump administration has made another move that will change the way immigration works moving forward. In September, it was announced that the administration would end Deferred Action for Childhood Arrivals, also known as DACA. However, officials haven’t completely shut

LEARN MORE

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

San Jose Office

95 South Market Street, Suite 410, San Jose, CA 95113
Phone: (408) 542-0499

San Francisco Office

404 Bryant Street, San Francisco, CA 94107 Phone: (408) 317-4662

San Jose Office

2225 East Bayshore Road, Suite 200 Palo Alto, CA 94303
Phone: (408) 317-4662

Contact Us