Eb-1 Employment Based Visas
The Immigration and Nationality Act supplies a yearly minimum of 140,000 employment-based immigrant visas which can be didvided into five preference categories. They may call for a labor certification coming from the U.S. Department of Labor (DOL), and also the submitting of a petition with United States Citizenship and Immigration Services within the Department of Homeland Security (USCIS).
Employment First Preference (Eb-1 visas)
Priority Workers get 28.6 % of the yearly worldwide limit. All Priority Workers will have to 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. Persons with extraordinary ability within the sciences, arts, education, business, or athletics. Applicants in this specific category must have considerable documentation proving sustained national or international acclaim and recognition in the particular field of expertise. Such job seekers don’t have to possess a actual employment offer as long as they’re coming into the U.S. to carry on work within the discipline in which they’ve extraordinary ability. Such type of applicants are able to file their own petition with the USCIS, as an alternative to through an employer;
2. Outstanding professors and researchers with as a minimum 3 years experience in teaching or research, who are recognized internationally. No labor certification is essential in this classification, even so the potential employer must furnish a job offer and submit a petition to the USCIS; and also
3. Various 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. company. The candidate will have to be coming to work in a managerial or executive capacity. No labor certification is needed in this classification, however the prospective employer will need to supply a job offer and file a petition with the USCIS.
Preferences 2-5 will be identified in future posts. Stay tuned.
