Under U.S. immigration law there are various ways for foreign workers who possess valuable
skills, education and/or work experience to come to live and work in the United States on either a
permanent or a temporary basis.
Non-Immigrant Temporary Visas
Generally, the process of hiring a foreign worker on a temporary basis begins by the U.S.
employer filing a petition with USCIS. Spouses and children of temporary foreign workers can
obtain non-immigrant classification allowing them to live in the United States. Mr. Marinov has
extensive experience in assisting businesses and individuals in obtaining non-immigrant visas
particularly in H-1B classifications, where he has assisted U.S. employers obtain H-1B
classifications for their employees. Contact Law Offices of Paul Marinov to discuss how we can
assist you in seeking any classification for non-immigrant temporary workers.
Under the current U.S. immigration system approximately 140,000 immigrant visas are available
annually under various categories of employment-based immigration. In most cases, prior to
filing an immigrant petition with USCIS, the U.S. employer must obtain “labor certification”
from Department of Labor (DOL) confirming the unavailability of U.S. workers, either U.S.
citizens or permanent residents, able, qualified, and willing to perform the work for which the
foreign-born individual is being hired. Once a labor certification is obtained, the U.S. employer
files an immigrant visa petition (Form I-140) with USCIS along with the approved labor
certification. If the labor certification is not required, the I-140 petition is the first filing with the
USCIS. Under U.S. immigration law employment immigrant visas are divided into five
preference categories, each subject to numerical limitations. Employment First Preference (EB1):
Since applicants under this preference are considered to be the best of the best in their field, an
applicant under this preference is not required to have a job offer and to obtain a Labor
Certification prior to filing a petition with USCIS. Under the first preference category, there are
three subtypes of E1 priority workers: • Person of ext persons of extraordinary ability in the
sciences, arts, education, business, or athletics; • Outstanding professors or researchers •
Multinational executives and managers. Employment Second Preference (EB2) This preference
is reserved for • Persons who are members of the professions holding advanced degrees or a
baccalaureate degree and a minimum of five years of progressive experience in their field. •
Persons with exceptional ability in the arts, sciences, or business. Unless a national interest
waiver has been obtained, the employer must obtain a labor certification prior to filing an
immigrant visa petition with USCIS. Employment Third Preference (EB3) Applicants under EB3
preference need a permanent job offer and a Labor Certification from the Department of Labor
prior to filing a immigrant visa petition Form I-140 by the U.S. employer. EB3 is reserved for: •
“Skilled workers” are persons whose job requires a minimum of 2 years training or work
experience. • “Professionals” are persons whose job requires at least a U.S. baccalaureate degree
or a foreign equivalent. • The “other workers” subcategory is for persons performing unskilled
labor requiring less than 2 years training or experience. Employment Fourth Preference (EB4)
Under this preference category, an approved Form I-360, Petition for Amerasian, Widow(er) or
Special Immigrant is required. Generally, the U.S. employer must file form I-360, but in some
instances, an applicant may be eligible to self-petition. Applicants under this preference category
are not required to have an approved Labor Certification from the Department of Labor.
Employment Fourth Preference (EB5) To qualify as an Immigrant Investor a, the applicant must
invest between $ 500,000 and $ 1,000,000 USD in a new commercial enterprise that employs at
least 10 full-time U.S workers. Contact Law Offices of Paul Marinov if you seek counsel in any
area of permanent employment-based immigration.
Adjustment of Status or Consular Processing
The final step in the process of obtaining a green card is filing for Adjustment of Status if the applicant is located in the United States, or finalizing the immigrant visa procedure at an American Consulate in the respective country. Contact our office to determine if you are eligible for Adjustment of Status or Consular Processing.