Let’s take a brief overview of employment based immigrant visas available for Foreign Workers and Special Immigrants who qualify under this category.
To Date, 5 Employment Based Visa Categories are Available
Employment-based Immigrant visas are divided into five (5) preference categories as follows:
Employment based First Preference (EB-1)
The EB-1 category for Priority Workers consists of three (3) sub-groups which are:
- Persons with extraordinary ability in the sciences, arts, education, business, or athletics;
- Outstanding professors and researchers with at least three years’ experience in teaching or research, who are recognized internationally; and
- Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.
Of the 3 subgroups above-referred, persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.
The remaining two subgroups require a job offer from a prospective qualified United States based employer.
Employment based Second Preference (EB-2)
Second Preference Applicants (professionals holding advanced degrees and persons of exceptional ability) must generally have a labor certification approved by the Department of Labor and a job offer is required.
EB-2 Applicants may apply for a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition.
There are two (2) subgroups within this category:
- Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
- Persons with exceptional ability in the sciences, arts, or business.
Employment based Third Preference (EB-3)
Third Preference Applicants (skilled workers, professionals, unskilled workers and others) must have an approved Immigrant Petition for Alien Worker filed by the prospective employer. Department of Labor Certification is required.
There are three (3) subgroups within this category:
- Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
- Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree. And
- Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.
Employment based Fourth Preference (EB-4)
A Fourth Preference EB-4 applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad. There are multiple subgroups in the eb-4 category.
Labor certification is not required for any of the Certain Special Immigrants subgroups.
Employment based Fifth Preference (EB-5)
The EB-5 Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.
Immigrant Visas for Dependents
Based on an approved petition, a dependent spouse and minor unmarried children, younger than 21, may apply for immigrant visas along with the principal.
Consular officers at U.S. Embassies and Consulates are responsible for the adjudication of EB Immigrant Visa applications upon receipt of an approved I-130 or I-140 petition from USCIS.
Attorney Yolette M. Saintiny meets with clients online or in-person at convenient on-site locations throughout the diaspora.
For further details regarding Employment-Based Immigrant Visa Eligibility: Contact Us at (866) 941-2229 or Online to discuss possible pathways to achieve your specific goals.
“Employment Based Immigrant Visas” References
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