There are many options available when it comes to immigrating to the United States. In addition to marriage and family-based immigration, individuals have the ability to choose employee-based immigration. But how exactly does employee-based immigration work? Every fiscal year, upwards of 140,000 employee-based immigrant visas become available for qualified applicants. In order to qualify for employee-based immigrant status, one must fall under one of a handful of preference categories. These categories are divided into three main sub-groups: Employment First Preference, Employment Second Preference, and Employment Third Preference.
Employment First Preference Category
Persons with Extraordinary Ability
- Individuals who show “extraordinary” ability in the sciences, art, education, business, or athletics are able to apply for employment-based visas. In order to fit within this category, applicants must provide documentation that shows national or international recognition in their field. As long as the individual will continue working in his/her field of expertise upon entering the United States, applicants in this category do not require specific job offers in order to gain green cards. Applicants in this category may also file their own Immigration Petitions for Alien Workers.
Outstanding Professors and Researchers
- Individuals with a minimum of three years of experience in teaching or research who are also internationally recognized fall under this category. In order to fit within the criteria for this category, applicants must be coming to the United States in order to pursue tenure or a similar research position at a university. Prospective employers must provide a job offer as well as filing an Immigration Petition for Alien Worker form.
Multinational Managers or Executives
- Managers or executives who have been employed for three years by an affiliate, parent, subsidiary, or branch of a U.S. employer fit within this category. The applicant’s employment status is required to have been in a managerial or executive capacity. As such, the applicant must be coming to the United States in order to work in a similar capacity.
Employment Second Preference
Professionals Holding an Advanced Degree (Beyond Baccalaureate)
- Applicants with a baccalaureate degree require at least five years of progressive experience in their profession in order to qualify for this particular category.
Persons with Exceptional Ability
- Applicants with exceptional ability in the arts, sciences, or business qualify for this category. Applicants must display skill and expertise that are significantly greater than those commonly present in the fields of art, science, or business.
Employment Third Preference
Skilled Workers, Professionals, and Unskilled Workers
- Applicants in this category must either demonstrate two years of job experience, possess a U.S. baccalaureate degree or foreign degree equivalent, or show capability for performing unskilled labor.
Assistance With Employment-Based Immigration
With employment-based immigration, applicants are able to enter the United States in order to benefit themselves and the society around them. If you require assistance with employment-based immigration, the Perales Law Firm can help. As a bilingual immigration law firm, we are able to provide the guidance and assistance you deserve. Give us a call today to schedule a consultation with Attorney Marcos Perales, your immigration lawyer.