How can immigrants obtain a visa to seek employment in the United States?
Immigrant visas are issued to a minimum of 140,000 employment-based immigrants each year.  To qualify for an employment-based immigrant visa, immigrants must fall into one of five categories.  In addition to falling into one of these five categories, many employment-based immigrants must obtain labor certification from the Department of Labor and file a petition with the United States Citizenship and Immigration services (USCIS).  Preference is given to certain immigrants based on their particular skills and education.

What is labor certification and how does an immigrant obtain it?
Labor certification essentially demonstrates that an immigrant has employment lined up.  U.S. policy oftentimes requires labor certification to ensure immigrants will be self-sufficient once arriving in the United States.  Immigrants can obtain labor certification in one of three ways:

• Individual Certification:  Obtaining labor certification this way is a two part process.  The immigrant must execute Form ETA-750B, Statement of Qualifications of Alien, and send it to the prospective employer.  The employer then executes Form ETA-750A, Application for Alien Employment Certification, Offer of Employment, and submits both completed forms to the local State Employment Service for approval.  The Department of Labor reviews the forms and notifies the employer of approval.
• Schedule A Designation:  The USCIS is pre-approved to issue labor certifications for specified occupations without going through the Department of Labor.  Physical therapists and nurses presently qualify for Schedule A, Group I.  Individuals with exceptional ability in the arts or sciences qualify for Schedule A, Group II.  Prospective employers must fill out and submit Forms ETA-750 and I-140 to the USCIS for review.
• Labor Market Information Pilot Program:  This program lists ten U.S. occupations suffering from labor shortages.  Applicants belonging to one of the listed occupations are granted labor certification.

How does an immigrant qualify for Employment First Preference (EB-1)?
Immigrants must have their prospective employer file a Form I-140 on their behalf to obtain this status.  Form I-140 demonstrates that the employer is capable of paying the immigrant such that the immigrant will be self-sufficient upon immigrating here.  First preference is divided into three sub-categories:

• Immigrants with extraordinary ability in the sciences, arts, education, business, or athletics.
• Outstanding professors and researchers with three or more years experience and international recognition in teaching or research.
• Some managers and executives who have been employed for at least one of the past three years by the international branch of the U.S. employer.

How does an immigrant qualify for Employment Second Preference (EB-2)?
Immigrants must do one of three things to obtain this status:  (1) Obtain labor certification from the Department of Labor; (2) Obtain a Schedule A designation; or (3) Fill a shortage occupation in the Labor Market Information Pilot Program.  A U.S. employer is generally required to file a petition (Form I-140) on behalf of the applicant to show that a job has been secured.  Second preference is further divided into two sub-categories:

• Immigrants with an advanced degree or a college degree and five years experience in a skilled profession.
• Immigrants with exceptional ability in the arts, sciences or business.

How does an immigrant qualify for Employment Third Preference (EB-3)?
Immigrants must do one of three things to obtain this status:  (1) Obtain labor certification from the Department of Labor; (2) Obtain a Schedule A designation; or (3) Fill a shortage occupation in the Labor Market Information Pilot Program.  The prospective U.S. employer must submit an I-140 on behalf of the applicant for approval.  Third preference is divided into three sub-categories:

• Skilled workers with two or more years of experience or training.
• Professionals with a bachelor’s degree or more.
• Other workers.

How does an immigrant qualify for Employment Fourth Preference (EB-4)?
Applicants are generally required to have an I-360 approved to obtain this status.  An I-360 is the form also used to petition for Amerasians, widowers and special immigrants.  Fourth preference is divided into six sub-categories:

• Religious workers.
• Overseas United States Government employees.
• Members of the United States Armed Forces.
• Former Panama Canal Company employees.
• Retired international organization employees.
• Dependents of international organization employees.

How does an immigrant qualify for Employment Fifth Preference (EB-5)?
Applicants must have a Form I-526 approved to obtain this status.  An I-526 is the form used to petition for alien entrepreneurs.  The applicant must invest at least $500,000 into a U.S. business which creates ten or more U.S. jobs.  These applications are examined closely, and most times the investment and job creation must occur prior to submitting the application.

How can employers hire foreign agricultural employees?
The agricultural industry in Arizona relies heavily on foreign nationals.  This sometimes causes difficulty for employers because immigration law can create obstacles to hiring foreign workers who are willing and able to perform the work.  The H-2A Visa is specifically designed to allow foreign workers into the United States to work in the agricultural industry.  The catch with this type of visa is that employers must petition for the visa on behalf of workers.  This requires a little foresight on behalf of employers, but it ensures that workers are legal.  By petitioning for this visa, employers eliminate the risk of having their workers deported and being left short-handed.  It also eliminates the risk to employers of being penalized for hiring illegal immigrants.

How do employers apply for an H-2A Visa for their foreign employees?
To apply for a H-2A Visa, employers must complete the following steps:

• Apply to the Department of Labor for Temporary Labor Certification.  This involves proving that no U.S. workers are available for employment and requesting the number of H-2A Visas you are seeking to obtain.
• Make an attempt at recruiting U.S. workers for employment.
• If any U.S. workers are recruited, this number is taken from the number of requested visas; otherwise you can apply for the original amount.
• Apply with INS for the H-2A Visas and await approval.
• Upon approval, foreign workers can apply for the job with the consulate in their home country.