U.S. Citizen and Immigration Services (USCIS) issues immigrant, or permanent, visas to people who wish to permanently reside in the United States. Nine categories of immigrant visas are available; four are based on familial relationships and five are based on employment. Under the Immigration Act of 1990, 140,000 employment-based immigrants are allowed to enter the United States each year. The following is a brief overview of the five types of employment-based immigrant visas:
Employment Based First Preference (EB-1)
Non-citizens who fall into this category do not require additional labor certification. Priority Workers receive 28.6% of the yearly worldwide limit. It contains three sub-groups:
- Those with Extraordinary Ability in the sciences, arts, education, business, or athletics. To be eligible, the immigrant must extensively document sustained national or international acclaim and recognition in the field.
- Outstanding Professors and Researchers who have at least three years of experience teaching or researching in their field and are internationally recognized.
- Executives and Managers who have worked at least one of the three preceding years for an overseas affiliate, parent, subsidiary, or branch of the U.S. employer and are coming to the United States to work in a managerial or executive position.
The attorneys at Goldstein & Associates are experienced in obtaining approvals of I-140 applications in the EB-1 category. Please contact our office today for a free consultation to evaluate whether you qualify to apply for permanent residence in the EB-1 category.
Employment Based Second Preference (EB-2)
Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6% of the annual limit. Second preference employment-based immigrant visas require the equivalent of a master’s degree or higher in the field in which the non-citizen is employed. Individuals with a bachelor’s degree plus five years of progressive experience in their field may also qualify for this category. Applicants in the second preference category must have a labor certification approved by the Department of Labor, and the U.S. employer must file a petition on behalf of the applicant. The labor certification may be waived, however, if the applicant’s work is in the “national interest” of the United States.
The attorneys at Goldstein & Associates have helped numerous individuals obtain I-140 approvals in the EB-2 category through the labor certification process, as well as through National Interest Waiver applications. Please contact our office today for a free consultation to evaluate whether you qualify to apply for permanent residence in the EB-1 category.
Employment Based Third Preference (EB-3)
Skilled Workers, Professionals Holding Baccalaureate Degrees, and Other Workers receive 28.6 percent of the annual visa limit, plus any unused Employment First and Second Preference visas. All EB-3 applicant prospective employers must file an approved petition. All such workers require a labor certification. This group includes skilled workers who can perform a job that requires two years of training or experience, professionals with a baccalaureate degree, and other workers who can fill positions requiring less than two years of training or experience, but who are not seasonal or temporary.
The attorneys at Goldstein & Associates routinely represent companies that wish to sponsor professional individuals for permanent residence based on employment. Please contact our office to schedule your free consultation with one of Goldstein & Associates experienced attorneys.
Employment Based Fourth Preference (EB-4)
Special Immigrants receive 7.1 percent of the annual limit. People classified as special immigrants include certain medical doctors who have practiced continuously in the United States since 1978, long-term United States government workers abroad, battered spouses, and religious workers. Job-related visas under this category do not require labor certifications.
Please contact our office to schedule your free consultation with one of Goldstein & Associates experienced attorneys.
Employment Based Fifth Preference (EB-5)
Employment Creation Investors receive 7.1 percent of the annual limit. To qualify, foreign nationals must invest a minimum of $1,000,000 in a United States commercial enterprise that maintains or provides full-time employment for at least ten United States employees. Foreign nationals who actively invest at least $500,000 for at least two years in certain targeted employment areas can also qualify for visas in this category. No offer of employment or labor certification is needed for this category.
The attorneys at Goldstein & Associates are experienced at guiding individuals through the EB-5 process. Please contact our office to schedule your free consultation with one of Goldstein & Associates’ attorneys.