EB-1 and 2 Employment Based Visas
The Immigration and Nationality Act provides an annual minimum of 140,000 employment-based immigrant visas that are didvided into 5 preference categories. They may involve a labor certification from the U.S. Department of Labor (DOL), as well as the submitting of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).
Employment First Preference (Eb-1 visas)
Priority Employees receive 28.6 percent of the yearly worldwide limit. All Priority Laborers will have 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. People with extraordinary expertise within the sciences, arts, education, business, or athletics. Job seekers in this specific category require considerable documentation displaying continual national or international acclaim as well as recognition within the field of expertise. Such candidates don’t need to obtain a specific job offer provided they are coming into the U.S. to carry on work in the particular field wherein they’ve extraordinary ability. This kind of candidates are able to submit their own petition with the USCIS, rather than through the employer;
2. Distinguished educators and research workers with as a minimum three years past experience in teaching or research, who are recognized internationally. No labor certification is essential in this category, even so the potential employer am obliged to present a job offer plus submit a petition with the USCIS; and
3. Certain 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. employer. The applicant must be going to work within a managerial or executive capacity. No labor certification is essential for this category, however the potential employer has to supply a job offer and also submit a petition with the USCIS.
Preferences 2-5 are going to be identified in upcoming posts. Stay tuned.
Filed under: John's Message
