The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which can be didvided into five preference categories. They might need a labor certification coming from the U.S. Department of Labor (DOL), as well as submitting of a petition with U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS).
Employment First Preference (Eb-1 visas)
Priority Laborers receive 28.6 percent of the yearly worldwide limit. All Priority Individuals need to be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference you will find three sub-groups:
1. Men and women of extraordinary ability within the sciences, arts, education, business, or athletics. Candidates within this classification need to have extensive documentation demonstrating sustained national or worldwide acclaim and recognition in the unique area of expertise. Such job seekers do not need to have a specific employment offer as long as they’re entering the U.S. to carry on work in the sphere wherein they have extraordinary ability. These candidates have the ability to submit their own petition with the USCIS, rather than through the employer;
2. Exceptional educators as well as scientists having at least three years experience in teaching or research, who are recognized internationally. No labor certification is required in this category, nevertheless the prospective employer must furnish a job offer plus submit a petition to the USCIS; and also
3. Particular executives and managers that have been employed by a minumum of one of the three preceding years by the foreign affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant has to be coming over to work in a managerial or executive capacity. No labor certification is needed for this classification, but the would-be employer will have to provide a job offer as well as submit a petition to the USCIS.
Preferences 2-5 are going to be explained in future posts. Stay tuned.
