Immigrant visa is issued to individuals who qualify to come and live in the United States on permanent basis. A person who enters the United States on an immigrant visa becomes a lawful permanent resident. In general, to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a United States citizen relative, United States lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved immigrant visa petition filed with U.S. Citizenship and Immigration Services. There are various immigrant visa categories that a person may pursue. Immigrant visas may be family based and employment based. Family based immigrant visas are common in situations involving a marriage of the U.S. citizen or lawful permanent resident to a foreign national. Family based immigrant visa may also be available in situations involving U.S. citizen or lawful permanent resident parents petitioning for their children. family based immigrant visas are also issued in cases involving adoption. Lastly, family based immigrant visas may be issued in cases involving U.S. citizens petitioning for their foreign siblings.
Employment based immigrant visas are issued to individuals who have been petitioned by their prospective employers in the United States. To be considered for an immigrant visa under some of the employment-based categories, 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)
Please contact our office for more information regarding employment based preference categories. The process of obtaining an immigrant visa through employment based preference category can be very complex and require the services of an experienced New Jersey Immigration Attorney. Our New Jersey Immigration Attorneys are ready to answer any and all of your questions regarding employment based preference categories. Our New Jersey office is conveniently located in Central New Jersey. Call us today for an in-person consultation.