EMPLOYMENT BASED IMMIGRANT VISAS

The priority date is the date on which the application for labor certification is submitted, or, if the certification was not required, the date on which the preference petition was submitted.

Employment Preferences:

First Preference/EB-1: Does not require Labor Certification.

EB-1-A: For persons of extraordinary ability in the sciences, arts, education, business, or athletics. A prospective employer is not required. However, the work must be in the person's chosen field, and must substantially benefit the U.S.

EB-12, EB-1-2, EB-1-B : Outstanding professors and researchers with a minimum of three years of research or teaching experience and who are internationally recognized.

• Must be coming for a tenure or enture-track position, or for a comparable position at a university, institute, or with a private employer to conduct research.
• While no labor certification is required, there must be an offer of ongoing employment from a sponsoring employer.

EB-13, EB-1-3, EB-1C: Multinational executives or managers who have been employed abroad in that capacity for one of the last three years prior to entry with the firm, corporation, affiliate, or subsidiary.

• While no labor certification is required, there must be an offer of ongoing employment from a sponsoring employer.

Second Preference/EB-2: For members of the professions holding advanced degrees, or for persons with exceptional ability in the arts, sciences, or business who will subtantially benefit the national economy or culture and who are sought by a U.S. employer.

Exceptional ability can be demonstrated by a showing of three of the following:

1. An official academic record of a degree, a diploma, or a certificate from an institution of learning relating to the claimed area of exceptional ability.
2. 10 years of full-time experience in the occupation documented by letters from employers.
3. A license to practice the profession or occupation.
4. The person has commanded a salary or other remuneration for services demonstrating exceptional ability.
5. Membership in professional associations.
6. Recognition for achievements and significant contributions by peers, governmental entities, or professional or business organizations.

Third Preference/EB-3: For skilled workers, professionals, and other workers - all of which require approved labor certification:

• Professionals are positions which require a baccalaureate or university equivalent degree.
• Skilled workers are persons whose position requires a minimum of two years of training or work experience.
• Other workers includes persons in positions that require less than two years training - and is limited to 10,000 visas per year.
• An EB-2 applicant may also apply for EB-3 preference.

Fourth Preferenc / EB-4: Includes religious workers, Panama Canal Treaty employees, Amerasian children, certain employees of U.S. foreign service posts abroad, certain etired employees of international oranizations admitted to th U.S. under the G-4 nonimmigrant visa, and dependents of juvenile courts.

Fifth Preference / EB-5: For employment creation, also know as investor visas:

• Provides for two year conditional residence for those who, after November 29, 1990, invest $1,000,000.00 in a new commercial enterprise that employs at least 10 full time workers.
• Within 90 days of the one year anniversary of the grant of conditional resident status, the person may request the condition be removed and Legal Permanent Resident (LPR) status be granted.