Coming to work in the U.S. from a foreign country has become a big concern for many in the U.S. Because of this, there are a limited number of work visas available and the government is cracking down on those who are working illegally as they are presumed to be taking a job that could potentially go to a U.S. citizen or permanent resident.

But, there are ways individuals from other countries can come into the U.S. and work permanently. Currently, the U.S. Citizenship and Immigration Services (USCIS) allocates 140,000 immigrant visas to aliens and their spouses and children who are looking to immigrate to Gilbert, Arizona or any other state based on their job skills. That is a very important detail that need not be overlooked. Skills are essential for foreign workers to be considered for work.


If you would like to learn more about how you or a family member can become a permanent worker in Arizona, contact us now and we will set you up with a local Gilbert, Arizona immigration attorney who can assist with this process.


What needs to be done before an employer can submit a petition to have an alien come work for them?


Aside from the employer having an opening in their company and having to sponsor the individual, most instances require that they submit an immigration petition to USCIS. But, before they can do this, they must obtain an approved labor certification from the U.S. Department of Labor (DOL). What does the DOL need to verify before they can hire you? That is outlined below.


  1. The DOL wants to be sure “there are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage.”
  2. If the employer hires you as a foreign worker, it will not have any adverse effects on the wages and working conditions of similarly employed U.S. workers.


How are permanent work visas distributed?


Because there are only a limited number of visas that are distributed, they are issued based on preference categories. These categories are explained below:


  • First Preference EB-1- This preference is for those who possess extraordinary abilities in the sciences, arts, education, business, or athletics. For instance, an outstanding professor, researcher, or multinational executives or manager would be considered for a work visa first.
  • Second Preference-EB2- The individuals who are considered in the second preference category are members of the professions holding advanced degrees or for individuals who possess exceptional ability in the arts, sciences, or business.
  • Third Preference EB-3- Those who are professionals, skilled workers, and other workers are considered in this category. To gain access to a list of the types of jobs that would be considered in this category, click here.
  • Fourth Preference EB-4- Those who are considered to be “special immigrants” would be considered in the fourth preference. Someone who is a religious worker, an employee of U.S. foreign service posts, retired employees of international organizations, alien minors who are ward of courts in the U.S., and other classes of aliens fall into this category.
  • Fifth Preference EB-5- If you are a business investor who is looking to invest $1 million or $500,000 in a new commercial enterprise that employs at least 10 full-time workers, you would fit into this category.


To be sure your application is submitted properly and you have the necessary documentation USCIS needs, let one of our exceptional immigration and visa attorneys in Gilbert, AZ help with the application process. We are available to take your call now to begin assisting you.