25 Jul Employment-Based Immigration

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How can I be Eligible? 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.

What are the three occupational categories?

Extraordinary ability, outstanding professors and researchers, and multinational manager or executive.

Extraordinary ability eligibility?

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or

athletics through sustained national or international acclaim. Your achievements must be recognized in

your field through extensive documentation. No offer of employment is required.

Outstanding professors and researchers eligibility?

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

Multinational manager or executive eligibility?

You must have been employed outside the United States in the 3 years preceding the petition for at least

1 year by a firm or corporation and you must be seeking to enter the United States to continue service to

that firm or organization. Your employment must have been outside the United States in a managerial or

executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Disclaimer: The information found on this website is intended to be general information; it is not legal

advice. Specific legal advice can only be given by a licensed professional with full knowledge of all the

facts and circumstances of your particular situation.

How can I be eligible for a second preference EB-2?

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

What are the occupational categories?

Advanced Degree, Exceptional Ability, and National Interest Waiver.

What are the requirements for an EB-2 under an Advanced Degree?

The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

What are the requirements for an EB-2 under an Exceptional Ability?

You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

What are the requirements for an EB-2 under a National Interest Waiver?

The jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification with USCIS.

What are the requirements for Family of EB-2 Visa Holders?

Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. 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).

Disclaimer: The information found on this website is intended to be general information; it is not legal advice. Specific legal advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation.

How can I be eligible for an EB-3 employment visa?

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or another worker.

Who is defined as a Skilled worker?

A person, whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.

Who is defined as a professional?

A person, whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions.

How are “other workers” defined?

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

What about an EB-3 visa holders’ family?

Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). 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). Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

Who can be eligible for an EB-4?

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, Special Immigrant Juveniles, Broadcasters, G-4 International Organization or NATO-6 Employees and Their Family Members, International Employees of the U.S. Government Abroad, Armed Forces Members, Panama Canal Zone Employees, Certain Physicians, Afghan and Iraqi Translators, Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U.S. Operations.

What about the family members of an EB-4 Visa holder?

Some EB-4 classifications allow derivative beneficiaries. Your spouse may also be admitted to the United States. Your children, unmarried under the age of 21, may be admitted to the United States.

EB-5 Immigrant Investor Program

What is the EB-5 Immigrant Investor Program and what does it entitle?

Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

The EB5 process entails three steps to become a legal permanent resident of the United States and ultimately a US citizen.

These three steps are:

Filing form I-526.
Filing forms I-485 for principal applicant and family members.
Filing forms I-829 removal of conditions.

Please note that, currently, the processing time for the Form I-526 is 20 months approximately. After you obtained your conditional green card we would have to file a removal of conditions, Form I-829. The processing time is 30 months approximately.

Please note that as an Immigration Law office we will not provide financial advice.

Employment-Based Immigration