- Aliens with Extraordinary Ability, Outstanding
Professors and Researchers,
Multi-National
Corporate Executives or
Managers
- Aliens Who Are Members Of The
Professionals Holding Advanced Degrees,
and Aliens of Exceptional
Ability
- Skilled Workers, Professionals,
and Other Unskilled Workers
- Special Immigrants (Religious
Workers)
- Investor Visa
1)
Employment
First Preference
(EB1):
Aliens with Extraordinary
Ability, Outstanding
Professors
and Researchers,
Multi-National Corporate
Executives or Managers
A) Aliens with Extraordinary Abilities
Defined:
Persons of
extraordinary
ability are those who can show extraordinary
ability in
the sciences,
arts, education, business, or athletics.
Applicants in this
category must have extensive documentation showing sustained national or international
acclaim and recognition in the field of expertise. Applicants do not need to
have a specific job offer as long as they have evidence that they are entering
the U.S. to continue work in the field in which they have extraordinary ability.
Such applicants do not need an employer to submit a petition to USCIS on their
behalf since they are permitted to "self-petition". Labor
Certification is not necessary.
This category is for "that
small percentage
who have
risen to the very top of their field
of endeavor." Examples
of a major
internationally
recognized
award is the Nobel Prize. Other awards
may also
qualify if
the award
is in the same class as
a Nobel Prize.
Since few
workers receive
this type
of award,
USCIS will accept the alternative
evidence
outlined
below as
long as at least three are
satisfied.
Other comparable evidence
may be submitted
if the following criteria do not
apply:
- Receipt
of
a lesser nationally
or
internationally recognized
prize
or award for excellence;
- Membership in associations
in
the
field that demands outstanding
achievement
of
their
members;
- Published
material
about the
alien;
- Evidence
that
the alien is
a
judge of the works
of
others in the field;
- Evidence
of
the alien’s original
contribution of major
significance to the field;
- Authorship
of
scholarly articles;
- Display
of
the alien’s work at artistic
exhibitions or showcases;
- Evidence
the
alien has
performed
in a leading
or
critical role for organizations
that
have
a distinguished reputation;
- Evidence that the alien
commands
a high renumeration in
relation
to
others
in the field; or
- Evidence
of
commercial success in
the
performing arts.
B) Outstanding Professors and Researchers
Defined:
Outstanding
professors
and researchers with at least three years experience
in teaching
or research,
who are recognized internationally in a specific
academic field fit
this classification.
No labor certification is required, but the
prospective
employer
must provide a job offer and file a petition
with the USCIS.
The employer
need not be a university or educational institution.
The employer
can be a
private company as long as that company employs
at least
three full
time researchers. The private employer must
also have documented
accomplishments
in the academic field for which the position
is offered.
The statute
does not require the possession of a doctorate.
The outstanding
professor
or researcher must satisfy
at least
two of the following criteria:
- receipt
of major prizes
or awards;
- membership
in associations
that require outstanding achievements;
- published
material in professional
journals written
by others about the alien’s
work;
- participation
as a judge in the
works
of others in the
same
or an allied field;
- original
scientific or
scholarly research
contributions
to the field; or
- authorship
of
scholarly books or
articles
in scholarly journals
with international
circulation
in the field.
C) Certain
Multinational
Executives
and Managers Defined:
This category
provides
for
the easy transfer
of international business executives.
A
multinational executive
or manager is one who has
been
employed outside
the U.S. in a managerial or executive capacity for at
least one
of
the three years immediately
preceding the filing
of
the petition, or,
in the case of a foreign worker present in the U.S., one
of the three
years preceding
entry
into the U.S. as
a nonimmigrant.
The
past employment must have
been with the
same employer,
an affiliate, or a subsidiary
of the employer and in a
managerial or executive
capacity. The foreign worker must be coming
to the U.S. to work in
a managerial or executive
capacity for the same company that is a U.S. employer
and has been in business
for one year or more. No labor certification is required
for this
classification, but the
prospective employer must
provide a job offer
and file a petition with
the USCIS.
The definition of a manager
is as follows:
- manages the
organization or a department;
- supervises
and controls the
work of other supervisory,
professional, or
managerial employees or
manages an essential
function within
the organization,
or a department or subdivision of
the organization;
- if another employee or other
employees
are directly supervised,
has the authority
to hire and fire
or recommend those
as
well as other personnel
actions or,
if no other employee
is directly supervised,
functions
at a senior level
within the organizational hierarchy
or with
respect to the function
managed;
and
- exercises discretion
over
the day-to-day operations
of the activity or
function for which
the employee has authority.
The definition of
executive
capacity is as follows:
- directs the
management of the organization
or
a major component or function of the organization;
- establishes
the goals
and
policies of the organization,
component, or function;
- exercises wide
latitude in discretionary
decision
making; and
- receives only general
supervision
or direction from
high level
executives,
the board of directors
or stockholders
of
the organization.
This
category
has substantial documentation
requirements. Please
contact
us for more information.
2) Employment Second Preference (E2):
Aliens Who Are Members Of The
Professionals Holding Advanced Degrees or Aliens
of Exceptional
Ability
This category is for members
of the profession holding advanced degrees
or their
equivalent, or who, because of their exceptional ability in the
sciences,
arts or business will substantially
benefit prospectively
the national, cultural, or educational interests
or welfare
of the United States, and whose services are sought by
an employer
in the United States. In general applicants must have a
job offer
and labor certification approved by the DOL. Exceptional
ability applicants
in the sciences, arts, or business, may apply to waive
the labor
certification requirement of a job offer if such a waiver would
be in the
national interest
Members
of the Professions
Holding Advanced Degrees
Defined:
Professionals
are those
individuals holding advanced degree above a baccalaureate degree,
i..e. a Master’s Degree or
its equivalent,
or a Baccalaureate Degree and at
least five years progressive
experience
in the profession.
Aliens
of Exceptional
Ability Defined:
Persons may
show exceptional
ability in
the arts,
sciences, athletics or business.
Exceptional
ability means
having a
degree of expertise significantly
above that
ordinarily
encountered
within the field and
this ability
will substantially benefit the
national
economy, culture, educational interests
or the welfare
of the U.S.
This is established
by showing
at least
three of
the following
six criteria:
- an official
academic record showing
a degree, diploma,
certificate
or similar award from a college,
university,
school, or other institution
of learning
relating to the area
of the alien’s
exceptional ability;
- at least
ten years of full-time
experience in
the occupation
documented by
letters
from current or past employers;
- a license to practice
the profession or certification
from the particular profession
or occupation;
- evidence that
the alien has earned
a salary
or other renumeration for the
services demonstrating exceptional ability;
- membership in
professional associations;
- recognition
for achievements
and significant contributions
to
the industry
or field by peers,
government entities
or professional
or business organizations;
and
- other comparable
evidence
is
also acceptable.
3) Employment Third Preference (E3):
Skilled Workers, Professionals, And
Other Unskilled Workers
A skilled worker must have two years training or experience, and the
job may not be temporary or seasonal.
A professional must hold a United
States or equivalent baccalaureate
degree and be a member of one of the professions. The job offered
must require a baccalaureate degree
for entry into the particular occupation. Other workers include non-temporary
or seasonal unskilled laborers.
There are several requirements that
must be met in this category:
- The alien must be offered
a full time, permanent position;
- The Department
of Labor must certify (approve
a labor certification) that there
are
no available U.S. workers to fill
the position;
- The alien
must meet the minimum requirements
for the position offered and the
employer must demonstrate an ability
to pay the salary offered
A) Skilled Workers Defined:
Skilled workers
are those in positions that require
a minimum of two years of training
or experience. Relevant post-secondary
education counts as training. Note
that simply because the alien possesses
two years of experience does not
make that a skilled position.
B) Professionals Defined:
Professionals must possess a baccalaureate degree or a foreign degree
equivalent and the petitioner must demonstrate that such a degree is
the normal requirement for entry into the occupation.
C) Other Workers Defined:
Other workers are
those persons
capable of filling positions requiring less than two years'
training or experience. The current backlog
for this
category is approximately 6 years.
4) Employment Fourth Preference
(E4):
Special
Immigrants (Religious Workers)
There are six subgroups:
- Religious workers
coming to carry on the vocation
of a minister
of religion, or to work in a professional
capacity
in a religious vocation,
or
to work for a tax-exempt
organization affiliated with a
religious denomination;
- Certain overseas
employees of the U.S. Government;
- Former employees
of the Panama Canal Company;
- Retired
employees of international
organizations;
- Certain dependents
of
international organization employees;
and
- Certain
members
of the U.S. Armed Forces.
This
category has substantial
documentation requirements.
Please contact us
for more information.
5)
Employment Fifth Preference (E5) Investor Visa
To qualify, an alien must invest $500,000
in a targeted employment area
(rural areas or areas experiencing high unemployment
of
at least 150%
of the
national average) or $1,000,000,
anywhere
else. The new development must
create at least 10 new full-time jobs for U.S.
citizens,
permanent resident
aliens,
or other lawful immigrants, not
including the investor and his or her family.
Labor Certification Defined:
To obtain
residence through a job, the employer
must file an offer of employment
with the Department of Labor, which
is prepared by our office and discussed
with you. We will prepare all documentation
and keep you abreast of the status
of the petition throughout the
entire process.
As the employer, you will only be
required to provide evidence of your
ability to pay the proffered wage
determined by the Labor Department
by providing a copy of the company’s
Federal Tax Return to the Bureau
of Citizenship and Immigration Services,
and to disqualify prospective applicants,
should any exist through an advertising
process.
The
Labor Certification
process
has three
stages:
first,
the application
is submitted
to the
Department
of Labor
until it
is certified.
The certified
application
is submitted
to the
Bureau
of Citizenship
and Immigration
Services
for approval.
Once approved,
the corresponding
consulate
will be
notified
for final
interview,
or an application
for Adjustment
of Status
will be
filed.
www.ows.doleta.gov/foreign/perm.asp
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