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Alien worker

Alien worker meaning :

The term “Alien Worker,” which literally translates to “foreign worker,” is often used to refer to an individual who works in a country where they are not native or do not hold citizenship. Depending on the immigration policies of the host country, these individuals may be employed in various sectors such as agriculture, construction, elderly care, etc. They may be employed on a temporary or permanent basis, often under specific work visas issued by the government of the host country.

In immigration law, “Alien Worker” is a specific legal term applied within the American immigration system. It refers to foreign workers who have been authorized to work in the United States through the alien petition worker or Form I-140. This process allows for obtaining a temporary work visa, such as the H-1B visa, or permanent residency (Green Card) based on employment.

The Alien Petition Worker is a legal process reserved for American employers seeking to hire a foreign worker and bring them to the United States or regularize their status while they are already in the country. To apply for this visa program, US immigration services require employers to demonstrate a lack of qualified American workers for the desired position. Additionally, the foreign worker must meet the eligibility requirements for permanent residency.

Categories of employment-based immigrant visas accessible via Form I-140 :

  • EB-1 : Priority workers, including individuals with extraordinary abilities, outstanding professors and researchers, as well as executives or managers of multinational companies.
  • EB-2 : Professionals holding advanced degrees or possessing exceptional skills.
  • EB-3 : Skilled workers, professionals, and other workers.
  • EB-4 : Special immigrants, such as religious workers, journalists, and employees of the US Foreign Service posts.
  • EB-5 : Immigrant investors who invest a minimum of $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates at least 10 full-time jobs for US workers.

Etymology of Alien worker

The term “travailleur étranger” is formed from the Latin word “alienus,” meaning “belonging to another,” and the word “travailleur,” referring to someone engaged in paid activity. This concept is commonly used in legal contexts to describe non-citizen individuals contributing to the workforce of a country where they do not hold citizenship or nationality.

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