Employment Based immigrant Visas

The Immigration and Nationality Act (INA) provides an annual minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. Many of these preference categories may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).

Employment First Preference (EB-1)

Priority Workers receive 28.6 percent of the annual worldwide limit.  All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS.  There are three sub-groups within this preference:
A.  Persons of extraordinary ability in the sciences, arts, education, business, or athletics.  Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise.  No offer of employment is required.  Applicants must meet 3 of 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal):

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of the applicant’s membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about the applicant in professional or major trade publications or other major media
• Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
• Evidence of the applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of the applicant’s authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that applicant’s work has been displayed at artistic exhibitions or showcases
• Evidence of the applicant’s performance of a leading or critical role in distinguished organizations
• Evidence that the applicant commands a high salary or other significantly high remuneration in relation to others in the field
• Evidence of the applicant’s commercial successes in the performing arts

B.  Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS; and applicants must demonstrate international recognition for outstanding achievements in a particular academic field by meeting at least 2 of the following criteria:

• 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

C.  Multinational executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.  The applicant must be coming to work in a managerial or executive capacity.  No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.  

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.