Employment-Based Visa—Employment-Based Immigration Lawyers in Phoenix

Arizona, and particularly the Phoenix area, is renowned as an attractive place to work and live.  Immigrants often select Arizona as their ideal destination to begin a career, whether it be in a specialized area such as the sciences or medicine, or a labor based field like manufacturing, agriculture, or construction.  Whatever a foreign-born national’s dream job may be, they can find it in the U.S.  However, before these dreams can become a reality, all foreign-born nationals must go through the intricate employment-based visa process.

At Chastain & Afshari, LLP, we help foreign-born nationals make their dreams come true. With our extensive experience in the realm of employment-based immigration, we assist immigrants seeking permanent employment opportunities in the Phoenix area.  We also help employers who are seeking to hire an immigrant.  With our in-depth knowledge of immigration law and passion for our clients’ success, the employment-based immigration process becomes simple and efficient.

Eligibility for Employment-based Visas

            There are four categories of workers who can obtain employment-based visas to the U.S.  They are as follows:

  1. Priority Workers (EB-1)—this categories includes those who are:
    1. A person with extraordinary ability in business, sciences, education, arts, or athletics
    2. An outstanding professor or researcher with at least three years experience or international recognition
    3. An executive or manager who has been employed for at least a year, in the previous three years, by a U.S. employer
    4. Persons with Exceptional Ability or Advanced Degrees (EB-2)—this category includes those who are:
      1. A professional with an advanced or baccalaureate degree and at least five years experience in the field
      2. A person with exceptional ability, meaning a degree of expertise above what is expected, in the arts, sciences, or business
      3. A physician who plans to practice medicine in an underserved area in the U.S.
      4. Skilled or Professional Workers (EB-3)—this category includes those who are:
        1. A skilled worker in a permanent job (not seasonal or temporary) whose work requires at least two years of experience or training
        2. A member of a profession that requires at least a baccalaureate degree
        3. An unskilled worker capable of filling a position that requires less than two years of training or work experience and is not seasonal or temporary
        4. Special Immigrants (EB-4)—this category includes workers who do not fit in the definitions above.  Ten thousand individuals annually will receive special immigrant visas, ranging from religious workers and ministers to employees of the U.S. government abroad.

Obtaining an Employment-based Visa

            Once you have determined you fall under an eligible employment category, your employer must complete two vital documents:

  1. A labor certification request—this form, Form ETA 750, must be completed by your employer and submitted to the U.S. Department of Labor’s Employment and Training Administration.  From there, the department will grant or deny the request.  Physicians who will practice medicine in an underserved area are relieved of this requirement.
  2. Immigrant visa petition—after the labor certificate request is granted (if applicable), you must then file a Petition for Alien Worker with the USCIS.  This is a called a Form I-140.

It is imperative these forms be filled out completely, accurately, and in a timely manner.  Failure to do so can result in denial of your petition or serious delay.

Once these first two steps are completed, you will be placed in a line of other foreign national seeking visas.  You will be assigned a case number and must submit more forms and documentation, including medical records.

The process then continues as you await a visa number and interview.  It can take some time to successfully acquire your visa and immigrate to the U.S., if you are outside it.  Obtaining the assistance of an employment-based immigration attorney is the best way to ensure efficiency and positive results.

Chastain & Afshari, LLP: Simplifying the Employment Immigration Process

            Chastain & Afshari, LLP, strives to make the employment-based immigration process as smooth and efficient as possible.  Our compassionate attorney team is driven by a deep passion for helping immigrants to Arizona obtain employment-based visas, so they can work and live in the state we love.  We offer assistance 24 hours a day, seven days a week.  Call us today at (623) 552-6168 to schedule a free consultation.