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All About Employment Based Immigrant Visa

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Every year, over one hundred and forty thousand employment-based visas are awarded to applicants that qualify under U.S. immigration law. These visas are divided up into five different categories. Spouses and children are also able to sometimes accompany or follow immigrants that come into the country with an employment-based visa. In order for an individual to be considered for a visa, their prospective employer is required to get approval from the Department of Labor. Once approval is received, then the employer must petition for the worker to come into the United States and work under the category that they are using for a visa. When the petition is filed, there are detailed instructions found on the USCIS web page.

 

Priority Workers

Priority workers apply for an Employment First Preference, or E1 visa. These require that the applicant is the beneficiary of an individual that has already been approved and their form has been filed with the USCIS. The priority worker subgroups do not require labor certification. 28.6 percent of the worldwide limit for employment-based immigrant visas are received by priority workers. The E1 has three different subcategories.

The first is for individuals that have extraordinary abilities in arts, athletics, business, sciences, or education. Applicants are required to have an extensive amount of documentation that shows that they have sustained a national or international recognition and acclaim in their field. Applicants are not required to have specific offers for employment as long as they plan to continue working within their fields. Outstanding researchers and professors that have at least three years’ experience and are recognized internationally are the second subcategories. They must be coming from the United States in order to pursue tenure, pursue a comparable research position in a university, or for tenure-track teaching. The employer is required to provide a job and file a petition. The final subcategory is for multinational managers or executives that have been employed for at least one of three years before coming to the United States.

 

Professionals that Hold Advanced Degrees and Individuals with Exceptional Ability

This is the E2 Visa. These individuals are required to have a certification by the Department of Labor. The job offer must have been made and a petition must be filed by the employer. There are two subgroups for the E2 Visa. The first is for professionals that have more than a Bachelor’s degree or have a Bachelor’s degree and five years’ experience in their profession. Or for individuals that have exception ability in business, sciences or arts. This means that they have to have expertise that exceeds what is ordinarily found in these fields.

Other types of employment-based visas are for skilled workers, unskilled workers, and professionals and for specific special immigrants. An employment visa lawyer can assist in sorting through the different types of employment visas and help you make a decision about which you qualify for.



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