Employment-Based Immigrant Visas

Immigrant visas are available to certain foreign workers whose presence in the United States is determined to be in the best interest of the nation. There are two basic criteria: First, the intended employment must not have an adverse affect on already employed U.S. workers; and second, there must not be any U.S. citizens who are able, willing and qualified for the job. This process of determination is known as labor certification. In most cases, in order for a job to be certified, the job must have been listed with an employment service, posted at the place of employment, and advertised in a newspaper or journal. Employers must have accepted applications and documented a good faith effort to recruit a U.S. worker. If there aren’t any U.S. workers available, the labor certification is granted and a foreign worker may be hired. A common misconception is that the labor certification authorizes the individual to stay in the United States and work. However, labor certification is only the first step towards permanent residence. The foreign worker must qualify under the current complex immigration laws for permanent residency status. For more information, contact an attorney qualified in employment-based immigration law.