Employment-Based Immigration
First Preference EB-1- Extraordinary Ability, Outstanding professors and Researcher, Multinational manager or executive
Extraordinary Ability- (Individual may petition himslef/herself by filing Form I-140) able to demonstrate extraordinary ability in the arts, sciences, education, business, or athletics through sustained national or international acclaim. Achievement in specific field must be recognized through extensive documentation.
Evidence Required:
-Meet 3 of 10 criteria listed bellow
-Provide evidence of one time achievement (Oscar, Olympic Medal, Pulitzer etc.)
-No job offer is required
Outstanding Professors and researchers (Employer must file a Form I-140)- must demonstrate international recognition for outstanding achievements in a particular academic field. At least 3 years experience in teaching or research in that academic area is required. Must be entering the United States pursuing tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
Evidence Required:
-Include documentation of at least 2 listed above
- Have an offer of employment from the perspective US employer
Multi-national Manager or Executive (Employer must file USCIS Form I-140)- Must have been employed outside the US in the 3 years before the petition for at least 1 year by a firm or corporation and must be seeking to enter the United States to continue service to that firm or corporation. Your employment must have been outside the U/A. in an executive or managerial capacity and with the same employer, an affiliate or a subsidiary of the employer.
Evidence Required:
- Petitioning employer must be a U.S. employer.
-Employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or other legal entity that employed you abroad.
Criteria for Demonstrating Extraordinary Ability
To prove extraordinary ability in your field you must meet 3 out of 10 criteria listed bellow.
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts
Documentary Evidence that an individual is an outstanding professor or researcher
Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that require their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the alien's work in the academic field
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Evidence of original scientific or scholarly research contributions in the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
Second Preference EB-2- Advanced Degree, Exceptional Ability, National Interest Waiver
Advanced Degree- 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).
Evidence Required
-Documentation such as an official academic record showing you have a US 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
-Letters from current or former employers showing that you have at least 5 years of progressive post-baccalareate work experience in the specialty .
Exceptional Ability- must be able to show exceptional ability in the sciences, arts or business. Exceptional ability "means degree or expertise significantly above that ordinarily encountered in the sciences, arts or business"
Evidence Required- Must meet at least 3 of the criteria below.
National Interest Waiver- Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though 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 (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
Evidence Required
- Meet at least 3 of the criteria bellow.
-Demonstrate that it is in the national interest that you work permanently in the U.S.
Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
Third Preference EB-3- Skilled Worker, Professional and Other Worker
Skilled workers- requires a minimum of 2 years training or work experience, not seasonal or temporary.
Evidence Required:
-demonstrate at least 2 years of job experience or training
- performing work for which qualified workers are not available in the U.S.
Certification required:
-Labor Certificate and
-Permanent, full-time job offer.
Professionals- requires at least a U.S. baccalaureate degree or foreign equivalent and are a member of the profession.
Evidence Required:
-Demonstrate possession of a U.S. baccalaureate degree or foreign degree equivalent and that a baccalaureate degree is the normal requirement for entry into the occupation.
-perform work for which qualified workers are not available in the U.S.
-Experience or education may not be substituted for a baccalaureate degree.
Certification Required:
-Labor degree
-Full-time job offer required
"other workers"- unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
Evidence Required:
-Capable at the time the application is filed to perform unskilled labor (requiring less than 2 years training or experience) not temporary or seasonal.
- Perform work for which qualified workers are not available in the U.S.
Certification Required:
-Labor certificate
-Full-time job offer
Fourth Preference EB-4 - Special Immigrants
The following are eligible for the Preference EB-4 visa:
-Religious workers
-Broadcasters
-Iraqi/Afghan Translators
-Iraqis Who Have Assisted the United States
-International Organization Employees
-Physicians
-Armed Forces Members
-Panama Canal Zone Employees
-Retired NATO-6 employees
-Spouses and Children of Deceased NATO-6 employees
To petition for a EB-4 visa your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. In some situations, you the employee may self-pettition on your own behalf. Your spouse and unmarried children under the age of 21 may also be admitted into the United States.
5th Preference EB-5- Immigrant Investor
The Immigrant Investor Program is administered by the USCIS in order to stimulate the U.S. economy through job creation and capital investment by foreign investors.
All Eb-5 investors must invest in a new commercial enterprise which is:
-Established after Nov 29, 1990, or
-Established on or before Nov 29, 1990, that is:
1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs.
Job creation Requirements:
Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
Create or preserve either direct or indirect jobs:
Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.
Capital Investment Requirements:
-General- Minimum qualifying investment in the U.S. is 1 million
-Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
Extraordinary Ability- (Individual may petition himslef/herself by filing Form I-140) able to demonstrate extraordinary ability in the arts, sciences, education, business, or athletics through sustained national or international acclaim. Achievement in specific field must be recognized through extensive documentation.
Evidence Required:
-Meet 3 of 10 criteria listed bellow
-Provide evidence of one time achievement (Oscar, Olympic Medal, Pulitzer etc.)
-No job offer is required
Outstanding Professors and researchers (Employer must file a Form I-140)- must demonstrate international recognition for outstanding achievements in a particular academic field. At least 3 years experience in teaching or research in that academic area is required. Must be entering the United States pursuing tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
Evidence Required:
-Include documentation of at least 2 listed above
- Have an offer of employment from the perspective US employer
Multi-national Manager or Executive (Employer must file USCIS Form I-140)- Must have been employed outside the US in the 3 years before the petition for at least 1 year by a firm or corporation and must be seeking to enter the United States to continue service to that firm or corporation. Your employment must have been outside the U/A. in an executive or managerial capacity and with the same employer, an affiliate or a subsidiary of the employer.
Evidence Required:
- Petitioning employer must be a U.S. employer.
-Employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or other legal entity that employed you abroad.
Criteria for Demonstrating Extraordinary Ability
To prove extraordinary ability in your field you must meet 3 out of 10 criteria listed bellow.
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts
Documentary Evidence that an individual is an outstanding professor or researcher
Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that require their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the alien's work in the academic field
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Evidence of original scientific or scholarly research contributions in the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
Second Preference EB-2- Advanced Degree, Exceptional Ability, National Interest Waiver
Advanced Degree- 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).
Evidence Required
-Documentation such as an official academic record showing you have a US 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
-Letters from current or former employers showing that you have at least 5 years of progressive post-baccalareate work experience in the specialty .
Exceptional Ability- must be able to show exceptional ability in the sciences, arts or business. Exceptional ability "means degree or expertise significantly above that ordinarily encountered in the sciences, arts or business"
Evidence Required- Must meet at least 3 of the criteria below.
National Interest Waiver- Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though 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 (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
Evidence Required
- Meet at least 3 of the criteria bellow.
-Demonstrate that it is in the national interest that you work permanently in the U.S.
Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
Third Preference EB-3- Skilled Worker, Professional and Other Worker
Skilled workers- requires a minimum of 2 years training or work experience, not seasonal or temporary.
Evidence Required:
-demonstrate at least 2 years of job experience or training
- performing work for which qualified workers are not available in the U.S.
Certification required:
-Labor Certificate and
-Permanent, full-time job offer.
Professionals- requires at least a U.S. baccalaureate degree or foreign equivalent and are a member of the profession.
Evidence Required:
-Demonstrate possession of a U.S. baccalaureate degree or foreign degree equivalent and that a baccalaureate degree is the normal requirement for entry into the occupation.
-perform work for which qualified workers are not available in the U.S.
-Experience or education may not be substituted for a baccalaureate degree.
Certification Required:
-Labor degree
-Full-time job offer required
"other workers"- unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
Evidence Required:
-Capable at the time the application is filed to perform unskilled labor (requiring less than 2 years training or experience) not temporary or seasonal.
- Perform work for which qualified workers are not available in the U.S.
Certification Required:
-Labor certificate
-Full-time job offer
Fourth Preference EB-4 - Special Immigrants
The following are eligible for the Preference EB-4 visa:
-Religious workers
-Broadcasters
-Iraqi/Afghan Translators
-Iraqis Who Have Assisted the United States
-International Organization Employees
-Physicians
-Armed Forces Members
-Panama Canal Zone Employees
-Retired NATO-6 employees
-Spouses and Children of Deceased NATO-6 employees
To petition for a EB-4 visa your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. In some situations, you the employee may self-pettition on your own behalf. Your spouse and unmarried children under the age of 21 may also be admitted into the United States.
5th Preference EB-5- Immigrant Investor
The Immigrant Investor Program is administered by the USCIS in order to stimulate the U.S. economy through job creation and capital investment by foreign investors.
All Eb-5 investors must invest in a new commercial enterprise which is:
-Established after Nov 29, 1990, or
-Established on or before Nov 29, 1990, that is:
1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs.
Job creation Requirements:
Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
Create or preserve either direct or indirect jobs:
Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.
Capital Investment Requirements:
-General- Minimum qualifying investment in the U.S. is 1 million
-Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
