The Immigration and Nationality Act supplies a yearly minimum of 140,000 employment-based immigrant visas which can be didvided into five preference categories. They may need a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS).
Employment First Preference (Eb-1 visas)
Priority Workers get 28.6 percent of the yearly worldwide limit. All Priority Laborers need to be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference you will find three sub-groups:
1. Men and women of extraordinary ability within the sciences, arts, education, business, or athletics. Applicants in this particular category require thorough documentation demonstrating continual national or worldwide acclaim along with recognition in the unique field of expertise. These candidates do not have to have a actual position offer provided that they are entering the U.S. to carry on business within the discipline in which they’ve extraordinary ability. Such candidates have the ability to file their own petition with the USCIS, in lieu of through an employer;
2. Distinguished professors as well as scientists with not less than 3 years practical experience in teaching or research, who are recognized internationally. No labor certification is essential in this category, even so the potential employer needs to provide a job offer and file a petition with the USCIS; and
3. Certain 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. company. The candidate needs to be coming to work in a managerial or executive capacity. No labor certification is required for this category, however the potential employer must supply a job offer as well as submit a petition with the USCIS.
Preferences 2-5 will be spelled out in forthcoming articles. Stay tuned.