EB1 Employment Based Visas
The Immigration and Nationality Act provides an annual minimum of 140,000 employment-based immigrant visas which have been didvided into five preference categories. They might call for a labor certification through the U.S. Department of Labor (DOL), as well as the submitting of a petition with U.S. Citizenship and Immigration Services within the Department of Homeland Security (USCIS).
Employment First Preference (Eb-1 visas)
Priority Laborers get 28.6 % of the per year worldwide limit. All Priority Employees need to be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference there are actually three sub-groups:
1. Individuals of extraordinary expertise in the sciences, arts, education, business, or athletics. Job seekers within this specific category will need to have considerable documentation showing sustained national or international acclaim along with recognition within the particular field of expertise. These applicants do not have to have a actual job offer so long as they are entering the U.S. to carry on business in the particular field wherein they have extraordinary ability. These candidates have the ability to file their own petition with the USCIS, as opposed to through the employer;
2. Exceptional educators as well as researchers with a minimum of 3 years past experience in teaching or research, who are recognized internationally. No labor certification is necessary in this classification, however the potential employer am obliged to provide 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. employer. The applicant must be coming to work within a managerial or executive capacity. No labor certification is required in this classification, however the would-be employer will need to provide a job offer as well as submit a petition to the USCIS.
Preferences 2-5 will be explained in future articles. Stay tuned.