Newsletters

Immigrants - Employment-Based Visas -EB-3/Skilled Workers and Others

The United States uses a worldwide cap on most types of immigration, along with a preference-based system, to control entry of aliens into the U.S. One of the main types of immigrants, that is, persons who intend to stay permanently in the U.S., is employment-based.

Immigration Act of 1990

The Immigration Act of 1990 (IMMACT) was the first major change to United States immigration law since 1965. Among other things, IMMACT changed the number of immigrants to the United States and changed the preference system for admitting immigrants.

Immigrant Visas - Employment-Based Visas - Labor Certification - Availability of Native Workers - Business Necessity

In determining whether sufficient native workers exist to meet the needs of an employer who has applied for alien labor certification, the Department of Labor (DOL) must often determine whether the employer's job requirements are unduly restrictive. A finding that job requirements are unduly restrictive leads the DOL to deny the application for alien labor certification unless the requirements are justified by business necessity.

Immigrant Visas - Employment-Based Visas - Labor Certification - Adverse Effect on U.S. Labor

When an employer applies for labor certification for an alien, the United States Department of Labor (DOL) evaluates, among other things, whether alien labor will adversely affect the U.S. labor market. Specifically, the DOL certifying officer considers whether wages and working conditions will be affected for similarly employed native U.S. workers. Generally speaking, if the alien's wage or working conditions would be less favorable than those typically offered to U.S. workers, the application for labor certification is denied.

Immigrants - Employment-Based Visas -EB-5/Alien Investors

The United States uses both an annual cap on most permanent immigrant visas and a preference system to select who will ultimately be granted admissibility. Within the major category of immigrant visas known as employment-based visas, there are five levels of preference. The fifth level applies to aliens who invest a set amount in a new commercial enterprise.