Employment based immigration
What is employment-based immigration?
It is an opportunity to become a lawful permanent resident (get a green card) through employment in the U.S. Every year approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.
What are “five preference categories”?
EB 1 category:
- Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability.
- Outstanding professors and researchers with at least 3 years of experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education.
- Multinational managers or executives who have been employed for at least 1 of 3 preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity.
EB 2 category:
- Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least 5 years progressive experience in the profession.
- Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
EB 3 category:
- Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
- Professionals are members of the professions whose jobs require at least a baccalaureate degree from U.S. university or college or its foreign equivalent degree.
- Unskilled workers (Other workers) are persons capable of filling positions that require less than 2 years training or experience that are not temporary or seasonal.
EB 4 category:
- There are many subgroups within this category including but not limited to Ministers of religion, Certain Employees or Former Employees of the U.S. Government Abroad, Certain Foreign Medical Graduates, etc.
EB 5 category:
- Immigrant Investor Visa categories are for capital investment by foreign investors in new commercial enterprises in the U.S. which provide job creation.
To be considered for an immigrant visa under EB 1 – EB 3 categories below, the applicant's prospective employer or agent may be required to obtain a labor certification approval from the Department of Labor.
What is so special with Immigrant Investor Visa (EB 5 category)?
The bottom line is that if you have at least $500,000 (in form of cash, inventory, equipment, secured indebtedness, tangible property, etc.) and you would like to make a capital investment into a U.S. commercial enterprise, you, your spouse, and your unmarried children under 21 may obtain permanent residency (green cards).
The basic requirements include (1) $500,000 - $1 million capital investment (depends on the geographical area of investment) (2) in a for-profit U.S. commercial entity (3) creating at least 10 full-time U.S. jobs for 2 years.
If I do not fall under those categories, what are my options?
H-1B visa. This visa is available to individual coming to work for U.S. employer in a “specialty occupation”, that is, one that requires at least a bachelor’s degree. The individual employee must possess the degree or its equivalent in experience and the position must also require the degree. The employer must demonstrate that it, in fact, has such a requirement and must also agree to pay the prevailing wage and comply with certain workplace regulations. H-1Bs are subject to a quota that is routinely met when they become available the first week of April. Planning for a new H-1B should begin early in the year.
L visa. This visa is for intra company transferees. For instance, European company wants to send an employee to work for its affiliate in New York. The L visa requires the two companies to have a legal relationship such as parent, subsidiary, or affiliate. If the employee’s duties are managerial in nature, the employer may seek an L-1A visa, whereas if the duties involve the use of “specialized knowledge,” an L-1B visa may be sought.
O visa. This visa is for individuals of extraordinary ability in the arts, sciences, athletics, or other discipline. Individuals seeking this visa must be able to show that they are acclaimed and have reached the top of their field. Awards, press, peer reviews, presentations, and demonstrations of the individual’s work are generally required.
E-2 visa. These visas are only available to nationals of countries with which the U.S. have treaties (e.g., Ukraine). On E-2 visa, you may: (1) work legally in the company that is the investment vehicle in the U.S., (2) travel freely in and out of the U.S., (3) stay on a prolonged basis with unlimited two-year extensions as long as you maintain E-2 qualifications, (4) be accompanied by your dependents under 21, relatives and spouse. Your spouse may also work while in the U.S. while your dependents may attend U.S. schools, colleges, and universities, and do not have to apply for separate student visa. These applications are often made directly to the Embassy in the applicant’s home country.
R visa. An R visa is available to a foreign worker coming to the U.S. to work in a religious capacity. A religious organization in the U.S. must sponsor the applicant and the applicant must have been a member of the religious denomination for at least 2 years. In addition, the work must be religious in nature (minister, Sunday school teachers) as opposed to a secular position with a religious organization (accountant).
Can I eventually apply for a green card?
Yes.
Is it free?
Unfortunately, no. The fee varies depending on the type of visa.
Where can I find out more information?
If you need our help or would like us to evaluate your case, please contact us.