Employment Based Immigrant Visas are different than temporary employment-based nonimmigrant visas, in particular requirements. Filing the appropriate employment based immigrant visa application requires a deep understanding of the goals of both – the foreign employee and the business seeking to hire.
The law office of James C.T. Hsia & Associates is experienced in acknowledging the situation of employers and employees and will help you determine which visa is appropriate for your specific situation.
The following are the five preference categories (classes) of employment-based immigrant visas:
Priority Workers, Outstanding Professors, and Researchers,
The EB-1 preference class includes individuals of “sustained national or international acclaim” with “extraordinary ability” in the sciences, arts, education, business or athletics; “outstanding professors and researchers” recognized internationally in a specific academic area; and “certain multinational executives and managers.”
Foreign nationals holding O-1 or L-1 nonimmigrant visa status often qualify for immigrant status under this category.
Professionals with Advanced Degrees or Exceptional Ability
The EB-2 preference class includes members of the professions holding advanced degrees and foreign nationals who, because of their exceptional ability in the sciences, arts or business, will substantially benefit the national economy, cultural or educational interests or welfare of the United States. To qualify as a member of the professions, the applicant must hold an advanced degree or its equivalent (that is, any degree above that of a baccalaureate or a baccalaureate degree with at least five (5) years of progressive experience in the specialty). If the profession requires a degree higher than a Master’s degree, the alien must possess that degree.
Professionals, Skilled Workers
The EB-3 preference class includes skilled workers, professionals, and “other workers.” Skilled worker positions require a minimum of two (2) years of training or experience. Professionals must hold a baccalaureate degree (or foreign equivalent) in the field and must establish that a baccalaureate degree is a normal requirement for entry into the profession.
The “other workers” (unskilled workers) category includes positions that require less than two (2) years of training or experience.
Within this preference class, professionals and skilled workers are categorized separately from other (unskilled) workers for purposes of the allotment of available visa numbers.
The EB-4 preference class includes religious workers, certain long time employees of the U.S. government, and citizens of Iraq or Afghanistan that have worked for the U.S. Armed Forces as a translator for at least one (1) year.
Please call the law office of James C.T. Hsia & Associates at (703) 860 8822 to schedule your consultation or use the consultation form to describe the details of your particular case.