EB1 Employment Based Visas

Employment Based Visas

The Immigration and Nationality Act supplies a yearly minimum of 140,000 employment-based immigrant visas which have been didvided into five preference categories. They might require a labor certification through the U.S. Department of Labor (DOL), and the submitting of a petition with U.S. Citizenship and Immigration Services within the Department of Homeland Security (USCIS).

Employment First Preference (Eb-1 visas)

Priority Personnel get 28.6 % of the yearly worldwide limit. All Priority Employees must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference there are three sub-groups:

1. People with extraordinary ability in the sciences, arts, education, business, or athletics. Candidates in this specific category need to have comprehensive documentation showing continual national or international acclaim as well as recognition within the actual area of expertise. Such candidates do not need to hold a specific position offer so long as they are entering the U.S. to continue duties in the sphere in which they’ve extraordinary ability. These applicants have the ability to submit their own petition with the USCIS, as opposed to through an employer;

2. Exceptional educators as well as research workers having not less than three years experience in teaching or research, who are highly regarded internationally. No labor certification is necessary in this classification, nevertheless the prospective employer must provide a job offer and submit a petition with the USCIS; and also

3. Specified executives and managers that have been employed by at least one of the three preceding years by the foreign affiliate, parent, subsidiary, or branch of the U.S. employer. The candidate must be coming over to work in a managerial or executive capacity. No labor certification is required in this classification, but the would-be employer needs to supply a job offer and submit a petition to the USCIS.

Preferences 2-5 shall be outlined in future articles. Stay tuned.