The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).
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EMPLOYMENT 1st PREFERENCE (E1)
All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference there are three sub-groups:
- Applicants of extraordinary ability in the sciences, arts, education, business, or athletics qualify for E-1 visa. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. The applicant will not need an employer to file a petition.
- Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS
- Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.
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EMPLOYMENT 2nd PREFERENCE (E2)
This applies to persons of exceptional ability in the arts, sciences or business. It usually applies to professionals holding advanced degrees. Second Preference applicants must have a labor certification approved by the DOL, or prove that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. A job offer is required by a U.S. employer and the employer can work with a New York green card lawyer to file a petition on behalf of the applicant.
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EMPLOYMENT 3rd PREFERENCE (E3)
This type of visa applies to skilled workers, professionals holding baccalaureate degrees and other workers. Third Preference applicants require an approved I-140 petition filed by the prospective employer. Workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program.
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EMPLOYMENT 4th PREFERENCE (E4)
Special Immigrants. Applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant. Different types of special immigrants provided for under immigrant law are listed below:
- Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
- Minister of Religion
- Certain Employees or Former Employees of the U.S. Government Abroad
- Employee of the Mission in Hong Kong
- Certain Former Employees of the Panama Canal Company or Canal Zone Government
- Certain Former Employees of the U.S. Government in the Panama Canal Zone
- Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979
- Interpreters and translators of Iraqi or Afghani nationality who have worked directly with the United States armed forces as a translator for a period of 12 months. This classification has an annual numeric limitation of fifty visas. See USCIS Fact Sheet on Afghan and Iraqi Translators for more information; Certain Foreign Medical Graduates; Certain Retired International Organization employees; Certain Spouses of a deceased International Organization Employee; Juvenile Court Dependent (no family member derivatives); Alien Recruited Outside of the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces; Certain retired NATO-6 civilians; Certain surviving spouses of deceased NATO-6 civilian employees; Alien beneficiary of a petition or labor certification application filed prior to Sept. 11, 2001, if the petition or application was rendered void due to a terrorist act of Sept. 11, 2001; Certain Religious Workers
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EMPLOYMENT 5th PREFERENCE (E5)
Employment Creation Investors applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur with USCIS. To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area. A New York work visa attorney can help you determine if you are eligible for this type of visa.
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LABOR CERTIFICATION
A person whose occupation requires a labor certification must have prearranged employment in the United States.
EXCLUSION FOR U.S. VISAS
Certain applicants are prohibited from obtaining a U.S. visa according to the immigration laws of the United States. These laws exist in order to protect the health, welfare and security of the U.S. Applicants. Visas will be denied to those who: have a communicable disease, have a dangerous physical or mental disorder, have committed serious criminal acts, are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals, have used illegal means to enter the U.S. or are ineligible for citizenship.
To learn more about employment-based immigrant visas, contact a New York work visa attorney today.
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