American employers need international personnel to remain competitive. To be competitive in today’s global economy, U.S. employers must be able to hire personnel with specialized knowledge or skills. These immigrants strengthen the ability of U.S. business to compete in the global marketplace.

Immigrant workers do not displace U.S. workers. Employment-based immigrants are a small fraction of the U.S. workforce. Recent studies have concluded that states with the greatest number of immigrants overall (family and employment sponsored) have lower unemployment rates than states with lower number of immigrants. Immigrants increase output and demand for labor, counteracting any negative effect that a greater labor supply might have.

The employment-based immigration process protects U.S. workers. In order to qualify as an immigrant worker for one of the limited number of employment-based immigrant visas, a U.S. business must demonstrate to the U.S. Department of Labor that no qualified U.S. worker is available for the position. This “labor certification” process is designed to protect U.S. workers.

Employment-based immigration allows immigrants that have skills and talents needed in the United States to be admitted. This group accounts for approximately 12-15% of immigrants admitted to the United States.

How does the system work? Employment-based visas are divided into a number of categories called preferences:

• First preference: Priority workers are, for example, people who have “extraordinary ability” or who are “outstanding professors or researchers” or “ certain multinational executives or managers.”
• Second preference: Professionals with advanced degrees or persons of exceptional ability.
• Third preference: Skilled workers, professionals, and unskilled workers.
• Fourth preference: Special immigrants include ministers, religious workers and others.
• Fifth preference: Employment creators, investors, who have between $500,000 and $1 million to invest in a job-creating enterprise in the U.S. Each investor must employ ten U.S. workers. Investors have to develop the enterprise in an area that the U.S government has determined as high in unemployment.

Sources: American Immigration Law Foundation, 2004, National Immigration Forum.