Employment Based - Permanent Visas

EMPLOYMENT-BASED - PERMANENT VISAS

These types of Visas are usually based on occupational qualifications or investment in a U.S. business. Usually, employer petitions for the alien employee.

Once the immigrant visa petition is filed and the applicant receives a visa number, the applicant is placed in a “preference category” which determines her place on wait-list. Preference category determines how long she must wait for her visa to be processed so she can immigrate.

Preferences

1st Preference (EB-1)

Extraordinary ability
Multinational Executives/Managers
May self-petition
- Do not need an employer to petition for them
- But must prove intent to work in the field in which they gained acclaim
Labor certification is not required

2nd Preference (EB-2)

Professionals with advanced degrees (Masters or Bachelor plus 5 years work experience) and individuals with “exceptional ability.”
Persons of exceptional ability in science, art, business.
- “Exceptional Ability” = Expertise significantly above the norm in arts, science, business. Need degree + other evidence.
Applicants for these visas must have a job offer unless they qualify for a” National Interest Waiver”

3rd Preference (EB-3) [PERM REQUIRED]

Professionals, skilled workers (2 years experience), and other workers

4th Preference (EB-4)

Special immigrant juveniles, religious workers

5th Preference (EB-5) Immigrant Investor

Investment of $1,000,000 in a new commercial enterprise (formed after 11-29-90) that substantially creates at least 10 full-time jobs USCs or authorized immigrant workers.
- Must engage in day-to-day management or policy formation of the commercial enterprise.
- In return, USCIS may grant conditional permanent residence to the individual.
Investment of at least $500,000 in target employment area
- Either a rural area or an area of high unemployment at the time of the capital investment or at the time of filing I-526
  - Rural area: an area outside a metropolitan statistical area and outside of a city or town having a population of 20,000 or more
  - High Unemployment area: an area which has experienced unemployment of at least 150% of the national average.
Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself and family
- Must show the jobs will be created within 2 years
- Exception: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.