EB1 Employment Based Visas

April 27, 2015 sarah Uncategorized

Employment Based Visas

The Immigration and Nationality Act provides an annual minimum of 140,000 employment-based immigrant visas that are didvided into five preference categories. They might need a labor certification from the U.S. Department of Labor (DOL), and the submitting of a petition with United States Citizenship and Immigration Services within the Department of Homeland Security (USCIS).

Employment First Preference (Eb-1 visas)

Priority Laborers receive 28.6 percent of the per year worldwide limit. All Priority Individuals must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference you have three sub-groups:

1. Individuals with extraordinary expertise in the sciences, arts, education, business, or athletics. Applicants within this particular category will need to have substantial documentation exhibiting continual national or international acclaim along with recognition in the precise field of expertise. Such job seekers need not obtain a actual position offer so long as they are entering the U.S. to continue business within the discipline wherein they’ve extraordinary ability. Such type of candidates have the ability to file their own petition with the USCIS, as opposed to through an employer;

2. Distinguished teachers as well as research workers having as a minimum three years past experience in teaching or research, who are recognized internationally. No labor certification is essential in this category, nevertheless the potential employer must provide a job offer and submit a petition with the USCIS; and

3. Various executives and managers that have been employed by at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant needs to be going to work in a managerial or executive capacity. No labor certification is necessary in this classification, however the prospective employer must supply a job offer and submit a petition with the USCIS.

Preferences 2-5 will be spelled out in future posts. Stay tuned.

 

job offer, no labor certification,

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