Employment Based Immigration
Employment Based Immigrant Visa Categories and Preferences
The Immigration Law Offices of Richard A. Hujber represent U.S. seeking to employ foreign manager, executives, skilled worker and so-called “non-skilled workers” (laborers). The visa applications for these employees require skillful preparation of the application for approval of the labor certifications from the United States Department of Labor and the approval of from United States Citizenship and Immigration Services (USCIS).
The following are employment-based visa categories enable the approved applicant to receive permanent residency:
Non-Immigrant Employment Based Visas
- EB-1 Visas: First Preference- This includes workers with "extraordinary abilities" in the arts, sciences, business, education and athletics among other areas.
- EB-2 Visas: Second Preference - Professionals with Advanced Degrees and Persons with Exceptional Ability- this category includes professionals who have degrees beyond a baccalaureate degree, such as a master's degree or doctorate or a baccalaureate degree and five years of experience. Some visas in this category require labor certification.
- EB-3 Visas: Third Preference - Skilled Workers in Short Supply, Professionals Holding Baccalaureate Degrees, and Other Workers in Short Supply. This category includes professionals, workers in occupations that require at least a baccalaureate degree, and workers who have the skills to perform a job which requires at least two years experience or training. Visas in this category require labor certification.
- EB-4 Visas: Fourth Preference - Special Immigrants. This special immigrant category includes a wide variety of workers including religious workers and former employees of international organizations and the U.S. government. Some visas in this category require labor certification.
- EB-5 Visas: Also known as the “Investor Visa”- Fifth Preference - Employment Creation. This category includes persons who plan to invest in a venture that will benefit the U.S. economy. The venture must create at least ten (10) jobs and meet minimum capital investment requirements that depend on the location of the enterprise. This category does not require laor certification
The non-immigrant employment based visas grant the holder the right to work and temporally reside in the United Stated legally. Many holders of these visas are able to later convert their status in order to obtain permanent residency.
Non-immigrant employment based visas include:
1. H1-B: this category allows professionals in “specialty occupations” to temporarily live and work in the U.S. The initial visa is valid for three years and is renewable for another three years and can be extended for an addition year if there is a pending adjustment of status. There is currently a lottery for this visa category.
2. L-1: this category allows mulit-national executives or managers to work and live in the U.S. The initial visa is valid for one year and can be renewed for additional two-three years. L-1 holders can potentially adjust their status to become permanent residents.
3. O-1- Extraordinary Ability- qualifications similar to EB-1 above.
4. TN Visa: for Mexican and Canadian nationals under NAFTA
5. E-1: Treaty Trader Visa: for importers/exports from certain countries
6. E-2: Treaty Investor Visa: for investors intending to invest in the United States. This visa can be extended indefinitely. Spouses of E-2 holders will also be granted work authorization.
7. R-1: Religious Worker Visa.
8. B-1: Business Visitor Visa.