Employment-Based Immigration in NJ
Employment-based immigration is the process by which individuals can obtain legal permission to live and work in the United States based on their professional qualifications. If you wish to explore your ability to become a lawful permanent resident through employment-based immigration, start with a free case consultation with an experienced New Jersey immigration attorney.
Are You Eligible for Employment-Based Immigration in New Jersey?
Every year, a limited number of visas based on careers and professional credentials are available to individuals who wish to immigrate to the United States. Noncitizens looking to apply for one of these visas may only become lawful permanent residents if a visa is available to them based on their immigrant category, home country and priority date. The priority date is the date that the immigrant visa petition is filed with the U.S. Citizenship and Immigration Services (USCIS).
Employment-Based Immigrant Visa Categories
Five different preference categories (EB-1 to EB-5) exist for noncitizens looking to immigrate to the U.S. through an employment-based visa. Employment first preference (EB-1) is given to “priority workers and persons of extraordinary ability.” EB-2 status is for “professionals holding advanced degrees and persons of exceptional ability.” EB-3 is for professionals and skilled and unskilled workers. EB-4 status is granted to “certain special immigrants,” while EB-5 is for immigrant investors.
How to Petition for an Employment-Based Immigrant Visa
If you are in one of these categories, you can submit an employment-based immigrant visa petition. Once it is approved, the USCIS will send the petition to the National Visa Center. You must then wait until your priority date meets the most recent qualifying date, at which point you or your lawyer must complete Form DS-261 and pay the appropriate fees. Finally, you will have to submit the necessary immigrant visa documents and complete an interview.
How to Get a Green Card Through Employment-Based Immigration in NJ
Once you have an approved employment-based immigrant visa petition, you can obtain a Green Card and become a lawful permanent resident in one of two ways:
- Adjustment of status: if you are currently living inside the United States and have an EB-1, EB-2 or EB-3 status, you can apply for lawful permanent residency by submitting Form I-485 to adjust your status.
- Consular processing: if you are currently living outside of the U.S., you can pursue an immigrant visa with the U.S. Department of State (DOS). You will have an interview at a consular post and undergo a medical examination. If the DOS approves your visa application, you can pay a fee and receive a Green Card.
If you are a noncitizen, you will present your passport and immigration visa to U.S. Customs and Border Protection when you arrive at the U.S. border to request admission as a lawful permanent resident.
When to Hire a New Jersey Immigration Lawyer
Immigration matters in New Jersey are complicated. Employment-based immigration is a complex legal process with laws that are constantly changing. You can benefit from seeking assistance from an immigration attorney who specializes in this type of visa.
A lawyer will have knowledge, experience, and connections to resources and experts to support your immigration application. At the Law Offices of Jeffrey S. Hasson, P.C., we provide skilled and compassionate legal representation to individuals and families during the employment-based immigration process.
If you wish to discuss a specific case in detail with an attorney in New Jersey, contact us for a free case consultation.