Employment Based Immigration

EB-1 – Employment Based First Preference

The first preference immigrant category is one of the most sought after visas because there is no foreign labor certification requirement.  Foreign labor certification is the process of proving that there are no qualified U.S. workers for the position being offered.  Without the need for foreign labor certification, the EB-1 processing time is relatively shorter. There are three groups:

  • Multinational Executives or Managers
    Multinational executives or managers of companies with U.S. affiliate offices are eligible to apply for permanent residence.  You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
  • Individuals with Extraordinary Abilities

Individuals who have risen to the top of their field in the sciences, arts, education, business or athletics are eligible to apply for permanent residence without a sponsoring company.  You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

  • Outstanding Professors and Researchers

Outstanding Professors and Researches with three years of teaching or research experience are eligible to apply for permanent residence as long as he/she has a job offer for a permanent position from a United States research or teaching institution.

EB-2 – Employment Based Second Preference

The second preference immigrant category is for professionals holding an advanced degree and individuals with exceptional abilities in the sciences, arts, or business under the National Interest Waiver.

This visa category requires applicants to submit a Foreign Labor Certification, an application submitted by U.S. employers demonstrating their good-faith recruitment efforts to consider qualified U.S. workers. The processing times vary based on the visa; however, they generally take several months.

  • Professionals holding an Advanced Degree
    Appropriate for individuals with a minimum Master’s Degree (or Bachelor’s Degree plus at least five years of progressive work experience in the field).
  • Exceptional Ability, Schedule A Group II
    An alien with a degree of expertise significantly above that ordinarily encountered who can establish that he will “substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S.” may apply under this category. Under this category the applicant is not required to undergo the labor certification process, significantly shortening the processing times.
  • National Interest Waiver
    The threshold criteria to establish qualification for a National Interest Waiver, which allows the applicant to forgo the Foreign Labor Certification, is that the person seeks employment in an area of substantial intrinsic merit; the benefit will be national in scope; and the national interest would be adversely affected if a labor certification were required.

EB-3 – Employment Based Third Preference
The third preference immigrant category is open to individuals who are a skilled worker, professional or other worker.  A labor certification is required for most all third preference categories.

  • Skilled Workers
    Individuals performing a job which requires at least two years of work experience or training may apply under this category. Relevant post secondary education may be considered as training.
  • Professionals with Bachelor’s Degrees
    Professionals with at least a Bachelor’s degree may apply under this category.
  • Other Workers
    Individuals performing jobs which require less than two years of education, training or experience may apply under this category.
  • Schedule A Group I
    Professional nurses and physical therapists pre-qualify to apply under this category of aliens exempt from the labor certification process but they must have a job offer for a permanent position and obtain a Visa Screen Certificate.

    • Professional Nurse: The beneficiary must be trained, certified and licensed as a nurse.
    • Physical Therapist: The beneficiary must have a post-baccalaureate degree in physical therapy, however, licensure is not a prerequisite.

EB-4 – Employment Based Fourth Preference
Grants permanent residence to foreign nationals employed as religious workers and employees and former employees of the U.S. Government abroad.

  • Religious Workers
    To qualify under this category, the individual must be a member of a religious denomination that has non-profit religious organization in the United States.
  • Other Special Immigrants
    To qualify under this category, the individual must be an employee or former employee of the U.S. Government abroad or persons serving as translators with the United States Armed Forces.

EB-5 – Employment Based Fifth Preference

  • Individual Investors (Traditional EB-5 Category)

The employment based fifth preference investor category allows individuals to obtain permanent residence through investment.  Individuals must invest a minimum of $500,000 or $1 million and create at least ten full time job positions with their investment.

  • Regional Center Establishment

A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.  Our firm can assist both investors and developers, whether seeking to invest into a Regional Center or to assist in seeking USCIS Regional Center Designation.