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Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of United States immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.
Under certain employment-based categories, to be considered for an immigrant visa, the applicant’s prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker (Form I-140), with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.)
There are five (5) employment based preference categories:
This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. Please note that this definition does not include noncommercial activity such as owning and operating a personal residence.
Please contact our office for more information regarding employment based preference categories. The process of obtaining an immigrant visa through an employment based preference category can be very complex and requires guidance of an experienced New Jersey Immigration Attorney.
Call us today at (754) 777-8395 for an in-person consultation to discuss your questions regarding employment based preference categories. We are ready to answer any and all of your questions. Our office is conveniently located in Hallandale Beach, Florida.