There are many types of employment-based immigrant visas and each has its own particular requirements. The process of obtaining an employment-based visa can be complicated and tedious. Failing to comply with the detailed laws and regulations which govern employment-based visas can result in processing delays and application rejection, followed by protracted and costly appeals. Whether you are an individual, business professional, entrepreneur, investor, U.S. corporation, university, or other organization that employs foreign nationals, you need experienced representation to ensure that employment-based immigrant visas are obtained without unnecessary delays. A competent and experienced immigration attorney can work with you to prepare and file employment-based immigrant visa petitions.
Employment-Based Immigrant Visa Categories and Preferences
There are many employment-based immigrant categories. Businesses and companies desire to retain their foreign executives, managers, skilled workers, and even non-skilled workers, on a permanent basis. This requires skillful preparation of paperwork to obtain (1) labor certification from the United States Department of Labor and (2) the approval of employment-based immigrant visa petitions from the USCIS.
Employment-based immigrants must qualify for one of the following visa categories:
First Preference
Priority Workers (EB-1 visas). This category includes workers with “extraordinary abilities” in the sciences, arts, education, business, or athletics, outstanding professors and researchers, and certain multinational executives and managers. “Extraordinary ability” means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.
Second Preference
Professionals with Advanced Degrees and Persons with Exceptional Ability (EB-2 visas). This category includes professionals such as architects, engineers, attorneys, physicians, surgeons, and teachers who have degrees beyond a baccalaureate degree, such as a master’s degree or doctorate; in some situations, a baccalaureate degree and five years of experience may be acceptable. This category also includes persons who have a level expertise in the sciences, arts, or business that is significantly above the level of expertise typically found in those fields.
Third Preference
Skilled Workers in Short Supply, Professionals Holding Baccalaureate Degrees, and Other Workers in Short Supply (EB-3 visas). This category includes professionals, workers in occupations that require at least a baccalaureate degree, and workers who have the skills to perform a job which requires at least two years experience or training.
Fourth Preference
Certain Special Immigrants (EB-4 visas). This category includes immigrants identified as “special immigrants.” The special immigrants category encompasses a wide variety of workers including religious workers, former employees of the United States government, and former employees of international organizations.
Fifth Preference
Employment Creation (EB-5 visas). This category includes persons who plan to invest in a new enterprise that will benefit the economy of the United States. The commercial enterprise must create at least 10 jobs and meet a certain required minimum capital investment that may vary, depending on the location of the enterprise. Immigrant investors who qualify for the employment creation category are admitted to the U.S. on a conditional basis, and their investment is reviewed after two years.
