Employment Based Visa



One of the ways of becoming a Permanent Residence of the United States is through employment in the United States. This is generally called “Employment Based Immigration.” There are five categories of employment immigration visa.

• The first category is for “priority workers”. The first Category is divided in to three groups. First group includes people with Extraordinary Abilities. Second is for Outstanding Researches and Professors, and the third group is for Managers and Executives of International Transferred Companies.

First Group: Applicants with extraordinary ability in field of science, arts, business, athletics, and education fall into this category. However, the ability must be demonstrated through valid documents. The applicant does not need a specific job offer in order to fall into this category.

Second group: This group is for the outstanding researches and professors. One of the requirements for this group is internationally stupendous recognition in a specific academic field. The applicant also needs minimum of three years of teaching or researching in the field. In addition, the alien must have at least one of the offers: offer of a tenured teaching position or comparable research position, or offer of a similar research position with a private employer if the employer has at least three researches and has documented accomplishment in the field of research, or offer of a research position having no fixed term and employee has an exception of permanent employment. The employer who is offering the job must file the petition.

Third Group: Managers and Executive of Intra-Company Transfers: To be included in this group of the first category, the applicant must have at least one year in the preceding three employed by the overseas subsidiary, affiliate or a branch of the U.S. employer. Also, the alien must come to the United States to wok as a manager or executive. The person must be either a manager of organization, departments, and components, or supervisor of other supervisory, managerial, or professional personals, or authority to make personal decisions, or exercise of discretion over a operation or function.


• The second category covers two groups of applicants; one with advanced-degree professionals and the other one is aliens with exceptional ability in science, business or arts. In order to be belong to the group of advanced-degree professionals, there are some requirements to meet. Also, for the applicant of exceptional ability possession of degree or certificate may not be enough to demonstrate the ability.

• The third category of employment-based visa includes the aliens with offers of employment in the United States. There are three groups in this category: professionals with bachelor’s degree, skilled workers, and other workers.

The first group is the professionals who have bachelor’s degree. The applicant must have a U.S. bachelor degree or foreign equivalent degree that is a member of the profession. Also, the occupation must require minimum of bachelor’s degree in order to be eligible to do the task.

The second group is applicants who have the required skills for labor, which means minimum of two years of experience. This group is currently available to physical and occupational therapist, speech-language pathologist, medical technologist and technicians, nurses, and physician assistance.

The last group in this category is applicants who have the ability to perform unskilled tasks. Unskilled labor means a labor that requires less than two years of experience or training in the occupations.

Immediate family members (spouse and unmarried children under age of 21) can immigrate with the employment-based visa.

 

Contact experienced immigration and general practice attorneys

If you are a potential immigrant or are already in the United States, our lawyers can help you find successful answers to many of the legal issues that foreign citizens face. Please contact Wani & Associates for a free consultation. We can be reached by telephone, fax, or by filling out the client intake form.

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