Eb-1 Employment Based Visas
The Immigration and Nationality Act supplies an annual minimum of 140,000 employment-based immigrant visas that can be didvided into 5 preference types. They might require a labor certification from the U.S. Department of Labor (DOL), as well as 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 Workers acquire 28.6 percent of the per year worldwide limit. All Priority Employees 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. People of extraordinary expertise in the sciences, arts, education, business, or athletics. Candidates within this category will need to have thorough documentation demonstrating sustained national or worldwide acclaim and recognition in the actual field of expertise. These kind of job seekers don’t need to have a specific position offer providing that they are coming into the U.S. to continue business within the field wherein they have extraordinary ability. Such type of applicants can file their own petition with the USCIS, rather than through an employer;
2. Exceptional teachers and research workers having a minimum of 3 years prior experience in teaching or research, who are acknowledged internationally. No labor certification is essential in this classification, but the prospective employer has to provide a job offer plus file a petition to the USCIS; and
3. Various executives and managers who’ve been employed by a minumum of one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. company. The job seeker must be coming over to work in a managerial or executive capacity. No labor certification is essential for this classification, nevertheless the would-be employer has to supply a job offer and file a petition with the USCIS.
Preferences 2-5 shall be identified in future articles. Stay tuned.