Those immigrants wishing to immigrate to the United States based upon there work ability or investment potential should seek to come to the United States by way of business immigration.
Employment-based and investor immigration follows a preference system similar to family-based immigration.
a. First Preference: Priority Workers
b. Second Preference: Professionals with advanced degrees or exceptional ability in business, science, or the arts.
c. Third Preference: Skilled workers, professionals, and other workers.
d. Fourth Preference: Special Immigrants such as Religious workers, employees and former employees of the U.S. government abroad and special juveniles.
e. Fifth Preference: Investors
Labor certification is often a prerequisite for obtaining employment-based permanent residence. Labor certification is the determination by the Department of Labor that there are no U.S. workers able, willing, qualified, and available for the position for which a labor certification is being sought.
The labor certification process is complicated and requires due care and diligence. Any foreign national who seeks to enter the United States to perform skilled or unskilled labor is not admissible unless the Secretary of Labor certifies to the Secretary of State and the Attorney General that there are not sufficient U.S. workers available for the proposed employment, AND the contemplated employment will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers.
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