With the current system of immigration in flux, many people are fearful as to how pending and proposed changes will impact them and their families. Although there is substantial rhetoric as to how work immigration, visas, a green card and other immigration concerns are addressed, the current laws are relatively static to what they have been in the past.
People who are trying to come to California to work and be permanent workers should know what the rules are and how workers will be categorized. Legal advice can be beneficial with these cases.
Each fiscal year, an estimated 140,000 people can come to the U.S. as immigrants and be permanent workers based on their skills. They are granted the right to bring their spouses and children too. The key to getting this visa is to have education, skills and work experience to come to the U.S. on a permanent basis. Labor certification might be necessary first. That means there must be a job offer in place and the employer will be the person’s sponsor. The Department of Labor will verify that there is a lack of qualified and available workers who want the job being offered to the immigrant; and there will be no adverse impact on U.S. workers with a similar job if the immigrant is given the employment.
There are preference categories for permanent work immigration. First preference is a person with extraordinary capabilities in entertainment, business, athletics, as an executive, science or as a teacher and researcher. Second preference is for people who have advanced degrees in science, art or business. Third preference is for professionals and skilled workers. Fourth preference is for those who are considered “special,” meaning they are religious employees, have worked in U.S. foreign service or have retired from an international organization. The fifth preference is for people who are business investors and have invested $500,000 or $1 million, depending on the circumstances.
Immigration is increasingly complicated and those who want to come to the U.S. permanently to work should understand how the law oversees this desire and who is eligible. A law firm that has experience in all areas of immigration should be called for guidance when trying to come to the U.S., to live and work. This is a wise step to ensure all the laws are followed and even new laws or proposed laws are understood.
