The Immigration and Nationality Act supplies an annual minimum of 140,000 employment-based immigrant visas that can be split into five preference types. They may require a labor certification from the U.S. Department of Labor (DOL), plus the submitting of a petition with U.S. Citizenship and Immigration Services within the Department of Homeland Security (USCIS).
Employment First Preference (Eb-1 visas)
Priority Workers get 28.6 percent of the yearly worldwide limit. All Priority Laborers need to be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference you have three sub-groups:
1. Persons of extraordinary ability within the sciences, arts, education, business, or athletics. Candidates in this particular classification will need to have substantial documentation demonstrating continual national or international acclaim along with recognition within the actual field of expertise. These types of job seekers need not possess a specific employment offer provided that they are entering the U.S. to carry on business in the discipline wherein they have extraordinary ability. Such applicants are able to submit their own petition with the USCIS, instead of through the employer;
2. Excellent professors and research workers with at least three years previous experience in teaching or research, who are recognized internationally. No labor certification is essential for this classification, but the potential employer needs to present a job offer and submit a petition to the USCIS; and also
3. Particular executives and managers that have been employed by at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The job seeker must be coming over to work within a managerial or executive capacity. No labor certification is required in this category, but the potential employer will have to supply a job offer as well as file a petition to the USCIS.
Preferences 2-5 are going to be spelled out in forthcoming articles. Stay tuned.