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Everything You Need to Know About Employment Based Immigration

Immigration is the act of entering a foreign country with the intention to live there permanently. Every year, the United States opens its borders to a specified number of immigrants. As a result, America has become a salad bowl of diverse cultures and traditions to celebrate. Though the process of immigration can be expensive and complex, immigrating to America can be difficult but not impossible. There are various ways a person can immigrate to America, and among these methods is a process called employment based immigration.

What is Employment Based Immigration?

Immigrants have historically played a role in supporting America’s economy and prosperity. Thus, the importance of immigrants in America’s economy has given rise to a widely known immigration procedure known as “employment based immigration.” Employment based immigration is when employers help an individual be granted lawful permanent residence within the United States. Oftentimes, employers will choose workers who exemplify extraordinary ability or great potential to succeed.

Categories of Employment Based Immigration

Employment based immigration consists of three different preference categories:

  • First Preference: Immigrants in the first preference category are priority workers. Priority workers are people that not only display extraordinary ability in a field, but also have substantial awards to back up their claims. People who fall into this category include multinational managers and executives, outstanding professors and researchers, or extremely gifted athletes. The priority worker must provide evidence that supports their successes in a specific field. Accepted forms of evidence include Olympic medals, a Pulitzer Prize, membership in outstanding organizations, authorship of significant scholarly articles, and more.
  • Second Preference: Immigrants in the second preference category refer to people who either hold advanced degrees in their professions or have exceptional ability in the arts, sciences, or business. Immigration through a job that requires an advanced degree requires documentation such as official academic records to prove that they possess an advanced degree. If a person wants to immigrate based on exceptional ability, they have the option to provide different types of documentation such as official academic records, a license or certification in a specific field, evidence of full-time experience in an occupation, and more.
  • Third Preference: Immigrants in the third preference category are skilled workers, professionals, and other workers. In order for people in the third preference to be eligible, they must possess a labor certification and full-time job offer. The specific evidence that a person needs to provide depends on the category of labor they are in. However, in general, they are required to provide evidence of their ability to proficiently perform their job.
In Need of an Immigration Lawyer?

In this day and age, immigration is a complex task that requires immense perseverance and determination. While the process of immigration can be discouraging, it is important to stay committed and unwavering through every trial. When times get tough, an experienced immigration lawyer can help ease the burdens of your legal responsibilities. Located in San Jose, California, our team at SAC Attorneys LLP understands your struggles. If you are interested in seeking guidance or professional advice on the intricacies of immigration, our skilled immigration attorneys are here to help. To schedule a free consultation with one of our lawyers, please do not hesitate to either call our office at (408) 441-7500 or to contact us through our website today.

Client Reviews
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Mr. Cai Is a Diligent Attorney. My sister and I were defendants in a civil litigation case. We hired James Cai and his law firm, SAC Attorneys LLP. Mr. Cai is a diligent attorney and responded to our questions in a timely fashion. He and his staff were very helpful in keeping us informed of the proceedings of the case and in explaining each step. Mr. Cai is also very conscientious of fees and costs, and avoided unnecessary charges. The results of the Summary Adjudication sided with us. The Court Trial resulted in the “Final Statement of Decision” and “Judgment after Court Trial” overwhelmingly siding with us. Cynthia F.
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I Am Truly Impressed. After spending a significant amount of time, money and efforts with my previous counsel at a larger law firm without getting meaningful results, I transferred my employment matter to SAC Attorneys LLP. The attorneys there were able to understand the complex situations of my case and put together an aggressive litigation strategy. We were able to file a compelling complaint within a week and forced the opposing party, which was represented by one of the largest law firms in California, to make a substantial settlement offer shortly thereafter. I am truly impressed by the no nonsense and results oriented approach by SAC Attorneys LLP attorneys. A job well done! X. Gao
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They Took Time to Understand Our Technology. I am the founder of a bioinformatics start-up in the Silicon Valley and chose SAC Attorneys LLP as our corporate counsels. Their attorneys have great experience with high tech start-ups and were able to offer a highly competitive service plan while not sacrificing a bit of their quality of services. They took time to understand our technology and provided value added services by introducing investors and job candidates to us. We regard our attorneys at SAC Attorneys LLP not only as our legal advisors but also our venture partners. Dr. Pete S.