|
Employment-Based Preference Categories
1. First employment-based preference for "priority workers":
(No labor certification required)
A International Managers and executives transferred to work for a U.S. company;
B. Outstanding professors and researchers with universities or private employers that have established research departments; and
C. Persons of "extraordinary ability" in the sciences, arts, education, business, and athletics (no offer of employment required).
2. Second Employment-Based Preference
(Labor Certification required unless waived)
Persons of "exceptional ability" in the sciences, arts, or business and persons with advanced degrees.
If work performed is in the National Interest and unique in nature, Labor Certification not required.
3. Third Employment-Based Preference
(Labor Certification and job offer required)
A. Professionals with bachelor's degrees not qualifying in the second preference;
B. Skilled workers (filling positions requiring at least two years of training and experience); an
C. Unskilled workers.
Points when considering immigration under one of the first three preference categories:
The U.S.-based employer must offer full-time, permanent employment.
For the Second and Third preferences, where a Labor Certification is required, the employer must advertise the position and prove that no qualified U.S. worker was found ready and able to fill the position.
To qualify for an employment-based preference, the alien must meet the minimum requirements for the job, the employer must be able to pay the wage offered, and the alien and employer must both intend for the alien to undertake the position.
4. Fourth Employment-Based Preference
Religious workers:
Person must have been a member of a religious denomination having a bona fide nonprofit, religious organization for two years immediately preceding application;
Seek to enter to carry on his/her vocation or religious occupation; and
Must have carried on such vocation or occupation for at least 2 years.
5. Fifth Employment-Based Preference
Employment Creation / Investors:
Requires investment of $1,000,000 or, in certain circumstances, $500,000, in a new commercial enterprise employing 10 or more U.S. workers full time.
Note: Numerous stringent requirements attach to this visa.
|
