EB1 Employment Based Visas
The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas that are split into 5 preference categories. They might need a labor certification coming 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 Laborers receive 28.6 % of the annual worldwide limit. All Priority Personnel will have to be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference there are three sub-groups:
1. People of extraordinary expertise in the sciences, arts, education, business, or athletics. Job seekers within this specific classification must have comprehensive documentation proving continual national or international acclaim as well as recognition within the particular area of expertise. These applicants do not need to already have a definite job offer provided that they are entering the U.S. to carry on work in the particular field in which they’ve extraordinary ability. This kind of candidates can file their own petition with the USCIS, as opposed to through the employer;
2. Exceptional teachers and scientists with at least 3 years prior experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, even so the potential employer has to provide a job offer plus submit a petition with the USCIS; and also
3. Certain executives and managers that have been employed by at least one of the three preceding years by the foreign affiliate, parent, subsidiary, or branch of the U.S. company. The job seeker will have to be coming over to work within a managerial or executive capacity. No labor certification is required for this category, however the prospective employer will need to supply a job offer and file a petition to the USCIS.
Preferences 2-5 are going to be outlined in upcoming articles. Stay tuned.