Employment  

 


If you are looking to work legally in the U.S., an employment-based visa is available. In order to apply, a foreigner must comply with U.S. immigration laws and procedures. Through the Immigration and Nationality Act, a minimum of 140,000 employment-based visas are available yearly. Each occupational category has certain requirements that must be met.

 
   
 
   

First Preference Eb-1

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

You must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through national or international acclaim. You must have documentation of your achievements. You need to meet 3 out of the 10 listed criteria below to prove extraordinary ability or evidence of a one-time achievement (ex: Pulitzer, Olympic Medal):

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  2. Evidence of your membership in associations in the field which demand outstanding achievement of their members
  3. Evidence of published material about you in professional or major trade publications or other major media 
  4. Evidence that you have been asked to judge the work of others, either individually or on a panel
  5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  6.  Evidence of your authorship of scholarly articles in professional or major trade publications or other major media 
  7. Evidence that your work has been displayed at artistic exhibitions or showcases 
  8. Evidence of your performance of a leading or critical role in distinguished organizations 
  9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  10. Evidence of your commercial successes in the performing arts

Professors and researchers must show proof of international recognition for your achievements in a particular academic field. You must have at least three years experience in teaching or research in that academic area. You must be entering the U.S. in order to pursue tenure or a tenure track teaching or a comparable research position at an institution of higher education.
You must show proof of an offer from the prospective U.S. employer and at least two of the requirements listed below:

  1. Evidence of receipt of major prizes or awards for outstanding achievement 
  2. Evidence of membership in associations that require their members to demonstrate outstanding achievement 
  3. Evidence of published material in professional publications written by others about the alien's work in the academic field
  4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  5. Evidence of original scientific or scholarly research contributions in the field 
  6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Multinational managers or executives must have been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation in the U.S. You must be seeking to enter the U.S. to continue working for that company.

Second Preference Eb-2- Professionals Holding Advanced Degrees and Persons of Exceptional Ability
There are two types of workers that fit into this category.

  1. Professionals who hold and advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at the minimum five years experience in the profession.
  2. Persons with exceptional ability in the sciences, arts, or business. Exceptional ability requires having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

A second preference applicant must have a job offer, a labor certification approved by the Department of Labor, and the employer of the applicant must file a Form I-140 for the applicant.

Third Preference Eb-3- Skilled Workers, Professionals, and Unskilled Workers
A Third Preference worker must have an approved I-140 filed by the perspective employer. Most of these workers require an approved labor certification.
Three kinds of people can qualify for this preference category:

  1. Skilled workers are persons whose jobs require a minimum of two years training or work experience that are not temporary or seasonal.
  2. Professionals are often members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college.
  3. Unskilled workers are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Fourth Preference Eb-4- Certain Special Immigrants
People who can qualify for this category include:

  1. Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
  2. Ministers of Religion
  3. Certain Employees or Former Employees of the U.S. Government
  4. Certain Former Employees of the Panama Canal Company or Canal Zone Government
  5. Certain Former Employees of the U.S. Government in the Panama Canal Zone
  6. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
  7. Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements.
  8. Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment.
  9. Certain Foreign Medical Graduates (Adjustments Only)
  10. Certain Retired International Organization Employees
  11. Certain Unmarried Sons and Daughters of International Organization Employees
  12. Certain Surviving Spouses of deceased International Organization Employees
  13. Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
  14. Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
  15. Certain retired NATO-6 civilians
  16. Certain Unmarried Sons and Daughters of NATO-6 civilians
  17. Certain Surviving Spouses of deceased NATO-6 civilian employees
  18. Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001
  19. Certain Religious Workerstain Religious Workers

A Fourth Preference applicant must be the beneficiary of an approved Form I-360.

Fifth Preference Eb-5
: Immigrant Investors

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation
 
     
 

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