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Employment Visa – Permanent

EB-1 Visa ( First Preference )

You may be eligible for an employment-based, first-preference visa if you are an outstanding professor/researcher, have an extraordinary ability, or are a multinational executive or manager.

In order to qualify under the extraordinary ability category you must:

  • Demonstrate extraordinary ability in the sciences, education, arts, business, or athletics through sustained national or international acclaim.
  • Be recognized in your field and be able to show extensive documentation
  • Provide evidence of a one-time achievement OR meet 3 of 10 criteria:
    • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
    • Evidence of your membership in associations in the field which demand outstanding achievement of their members
    • Evidence of published material about you in professional or major trade publications or other major media
    • Evidence that you have been asked to judge the work of others, either individually or on a panel
    • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
    • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
    • Evidence that your work has been displayed at artistic exhibitions or showcases
    • Evidence of your performance of a leading or critical role in distinguished organizations
    • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
    • Evidence of your commercial successes in the performing arts

An offer of employment is not required.

In order to qualify under the outstanding professors and researchers category you must:

  • Demonstrate international recognition for your outstanding achievements in a particular academic field.
  • Must have at least 3 years experience in teaching or research in that academic area.
  • Must be entering the U. S. in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
  • Provide evidence of an offer of employment from a prospective U.S. employer AND include at least 2 of the documentation required:
    • Evidence of receipt of major prizes or awards for outstanding achievement
    • Evidence of membership in associations that require their members to demonstrate outstanding achievement
    • Evidence of published material in professional publications written by others about the alien’s work in the academic field
    • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
    • Evidence of original scientific or scholarly research contributions in the field
    • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

 

In order to qualify under the multinational manager or executive category you must:

  • Have been employed outside the United States in a managerial or executive capacity (with the same affiliate, employer or subsidiary of the employer) the 3 years preceding the petition for at least 1 year by a firm or corporation
  • Be seeking to enter the United States to continue service to that firm or organization
  • Have a U.S. employer petition for you and they must have been doing business for at least 1 year as a subsidiary, an affiliate, or as the same corporation that employed you abroad

 EB-2 ( Second Preference )

You may be eligible for an employment-based, second preference visa if you hold an advanced degree or its equivalent, or are a foreign national who has exceptional ability. Your spouse and children under the age of 18 may be admitted to the United States. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

 

In order to qualify under the advanced degree category you:

  • Must apply for a job that requires an advanced degree
  • Must possess an advanced degree (or possess a bachelor’s degree plus 5 years progressive work experience)

 

In order to qualify under the exceptional ability category you:

  • Must show exceptional ability in the arts, sciences, or business.
  • Must meet at least 3 of the criteria:
    • Official academic record showing that you have learning relating to your area of exceptional ability
    • Letters which show at least 10 years of full-time experience in your occupation
    • A license to practice your profession or certification for your profession or occupation
    • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    • Membership in a professional association(s)
    • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    • Other comparable evidence of eligibility is also acceptable.

 

In order to qualify for the national interest waiver you:

  • Must be alien requesting that the Labor Certification be waived because it is in the interest and would greatly benefit the U.S.
  • Must meet at least 3 of the criteria:
    • Official academic record showing that you have learning relating to your area of exceptional ability
    • Letters which show at least 10 years of full-time experience in your occupation
    • A license to practice your profession or certification for your profession or occupation
    • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    • Membership in a professional association(s)
    • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    • Other comparable evidence of eligibility is also acceptable.

EB-3 ( Third Preference )

You may eligible for an employment based, third preference visa if you are a skilled or other worker as well as a professional. Your spouse and children under the age of 18 may be admitted to the United States. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor.

 

In order to qualify as a skilled worker under the third preference, you must:

  • Be able to show at least 2 years of job experience/training
  • Be performing work for which qualified workers are not available in the U.S.
  • Have a permanent, full-time job offer and labor certification

 

In order to qualify as a professional under the third preference, you must:

  • Be able to show that you possess a U.S. bachelor’s degree or foreign degree that is equivalent
  • Be performing work for which qualified workers are not available in the U.S.
  • Have a permanent, full-time job offer and labor certification

Experience and education may not be substituted for a bachelor’s degree

In order to qualify as an unskilled worker (other worker) under the third preference, you must:

  • Be capable of performing unskilled labor (which requires less than 2 years experience) that is not seasonal or temporary in nature, for which qualified workers are not available in the U.S.
  • Have a permanent, full-time job offer and labor certification

There is a long backlog for visas in the category.

EB-4 ( Fourth Preference )

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

  • Religious Workers
  • Broadcasters
  • Iraqi/Afghan Translators
  • Iraqis Who Have Assisted the United States
  • International Organization Employees
  • Physicians
  • Armed Forces Members
  • Panama Canal Zone Employees
  • Retired NATO-6 employees
  • Spouses and Children of Deceased NATO-6 employees

Petitioning

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf.

Broadcasters

Under section 203(b)(4) of the Immigration and Nationality Act, the International Broadcasting Bureau of the United States Broadcasting Board of Governors (BBG), or a grantee of the BBG, may petition for an alien (and the alien’s accompanying spouse and children) to work as a broadcaster for the BBG or a grantee of the BBG in the United States. For the purposes of this section, the terms:

  • BBG grantee means Radio Free Asia, Inc (RFA) or Radio Free Europe/Radio Liberty, Inc. (RFE/RL)
  • Broadcaster means a reporter, writer, translator, editor, producer or announcer for news broadcasts; hosts for news broadcasts, news analysis, editorial and other broadcast features; or a news analysis specialist. The term broadcaster does not include individuals performing purely technical or support services for the BBG or a BBG grantee.

All Form I-360 petitions submitted by the BBG or a BBG grantee on behalf of an alien for a broadcaster position with the BBG or BBG grantee must be accompanied by a signed and dated supplemental attestation that contains the following information about the prospective alien broadcaster:

(i)  The job title and a full description of the job to be performed; and

(ii) The broadcasting expertise held by the alien, including how long the alien has been performing duties that relate to the prospective position or a statement as to how the alien possesses the necessary skills that make him or her qualified for the broadcasting-related position within the BBG or BBG grantee.

EB-5 Immigrant Investors ( Fifth Preference )

Learn more…