EMPLOYMENT BASED

Each financial year which is between October 1st and September 30th, nearly 140,000 employment-based immigrant visas are being made convenient under the provisions of U.S. immigration law. These visas are divided into five preference categories. Affirmative spouses and children may accompany or follow-to-join employment-based immigrants.

Categories for employment based immigrant visas are as follows

  • Employment First Preference (EB-1): Priority Workers

An E-1 visa applicant has to be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS. Labor certification is not necessary for any of the Priority Worker subgroups. Within this category, there are three sub-groups known as:

  1. Persons with extraordinary ability
  2. Outstanding professors and researchers
  3. Multinational managers or executives
  • Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

In this type, the E-2 visa applicant has to have a labor certification approved by the Department of Labor and again, the level of investment must be sufficient to justify the treaty national (or his/her employees) presence in the United States which means the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. Within this category, there are three sub-groups known as:

  1. Professionals holding an advanced degree
  2. Persons with exceptional ability
  • Employment Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

In this type, the E-3 visa applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Within this category, there are three sub-groups known as:

  1. Skilled workers
  2. Professional workers
  3. Unskilled workers (other workers)
  • Employment Fourth Preference (EB-4): Certain Special Immigrants

In this type, the E-3 visa applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Within this category, there are three sub-groups known as:

  1. Skilled workers
  2. Professional workers
  3. Unskilled workers (other workers)
  • Employment Fourth Preference (EB-4): Certain Special Immigrants

In this type, to petition for an employment-based E-4 preference immigrant, employer of the worker has to file a Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad.  The following special immigrants are eligible for the fourth preference 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
  • Employment Fifth Preference (EB-5): Immigrant Investors

The E-5 visa category provides a method of obtaining a green card for foreign nationals who invest money in the United States. To qualify as an immigrant investor, a foreign national must invest, without borrowing, $1,000,000 (U.S.); or $500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area.

Immigrant investor visa categories are as follows:

  1. Employment creation outside a targeted area – C5
  2. Employment creation in a targeted rural/high unemployment area – T5
  3. Investor Pilot Program not in a targeted area – R5
  4. Investor Pilot Program in a targeted area – I5

As Ogmen Law Firm, after decades of experience, we would like to specify that our team is fully aware of all kind of employment based visa transactions and will be happy to assist you through this process.

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