The Immigration and Nationality Act supplies an annual minimum of 140,000 employment-based immigrant visas which are separated into five preference categories. They may need a labor certification from the U.S. Department of Labor (DOL), as well as filing 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 acquire 28.6 percent of the per year worldwide limit. All Priority Laborers must 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. People with extraordinary expertise within the sciences, arts, education, business, or athletics. Applicants within this particular category need to have extensive documentation demonstrating continual national or worldwide acclaim as well as recognition within the particular field of expertise. These job seekers don’t have to already have a specific position offer providing that they’re entering the U.S. to continue business within the field wherein they have extraordinary ability. Such type of candidates can submit their own petition with the USCIS, as an alternative to through an employer;
2. Exceptional professors and researchers having not less than three years practical experience in teaching or research, who are acknowledged internationally. No labor certification is required for this category, however the potential employer has to present a job offer and also file a petition with the USCIS; and also
3. Certain executives and managers that have been employed by a minumum of one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. company. The applicant will have to be coming to work in a managerial or executive capacity. No labor certification is necessary in this category, nevertheless the prospective employer needs to supply a job offer and also submit a petition to the USCIS.
Preferences 2-5 shall be outlined in future posts. Stay tuned.


