Employment Immigration

U.S. Immigration law provides several avenues for immigration including immigration path for individuals employed in the USA by private employers in certain occupations. Eligibility for employment based immigration categories practically always, with some very few exceptions discussed on these pages, predicated on an employer’s desire to petition for immigration of the worker and ability to demonstrate the need for the worker including that there are no U.S. workers available to fill the particular job opportunity.

U.S. immigration law holds ability of the U.S. Citizens and Legal Permanent Residents to find employment in the USA sacred and strives to preserve it, making employment-based immigration rather cumbersome and technically as well as procedural complicated endeavor.

There are five categories of employment based immigration applications, which carry significant annual numerical limitation on visas and technical difficulties in the application process. Hence, employers are encourages to hire experienced immigration attorneys to handle these applications on their behalf.

Employment-Based Immigration

The United States makes approximately 140,000 immigrant visas available each fiscal year for aliens as well as their spouses and children who wish to immigrate to the United States based on their occupational skills. An individual needs the right combination of skills, education, and/or work experience to qualify for an employment-based immigrant visa and may be able to permanently reside in the United States. There are five employment-based immigrant visa preferences categories.

The Premium Processing Service for Certain I-140 Petitions

The United States Citizenship and Immigration Services (USCIS) allows certain petitioners who have filed a Form I-140, Immigrant Petition for Alien Worker, to request speedy processing of the Form I-140 through the Premium Processing Service. In order to request premium processing, the petitioner must have filed a Form I-140 in a category that allows for premium processing, and must file a Form I-907, Request for Premium Processing Service, along with a fee. This article will explain the rules and benefits of the Premium Processing Service for employment-based petitions.

EB1-A Visa Category - Extraordinary Ability

The first preference category is EB1 (EB1A), which is for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. This preference category also includes outstanding professors or researchers as well as multinational executives and managers. EB-1 applicants can self-petition for an Immigrant Visa for Alien Worker, If approved, such immigrant visa petition will result in a green card. To initiate the process, the applicant need to file Form I-140, with the USCIS.

EB1B Visa Category - Outstanding Professors and Researchers

The EB1B category is a subpart of the broader first preference EB1 category for employment-based immigrant visas. The EB1B category, found in section 203(b)(1)(B) of the Immigration and Nationality Act (INA), covers “outstanding professors and researchers.” This article will explain the requirements for qualifying for a petition in the EB1B category, and the requisite evidence to support such a petition.

EB1C Visa Category - Multinational Managers & Executives

Immigration and Nationality Act (INA), provides for an immigrant visa category reserved for individuals who conform to the definition of the Multinational Executive or Manager. This category is known as EB1C. To be successful in applying for this category, the petitioning entity needs to convince USCIS adjudicators that the beneficiary: (1) had been employed outside the United States for at least one year in the last three years immediately preceding the application; (2) in a managerial or executive capacity; (3) now seeks to enter the United States to continue that employment in a managerial or executive capacity with the same firm, corporation, organization or legal entity or its legitimate subsidiary or affiliate.

Documenting the EB1-C Immigrant Category - Multinational Managers and Executives

Thoroughly documenting and presenting all relevant evidence to support any immigration application is a prudent thing to do if positive adjudication result is kept in mind. It is especially important for highly technical petitions including those for EB1-C employment based immigrant category for Multinational Managers and Executives where just about every eligibility element has thus far been addressed, interpreted and litigated.

EB2 Visa Category - (NIW) National Interest Waivers

The National Interest Waiver allows certain Employment-Based applicants to forego much of the hurdles in other Employment-based applications, mainly the labor certification. Like the labor certification, the National Interest Waiver was established in the interests of the United States. This waiver, however, allows advanced degree professionals or those with exceptional abilities to contribute to the development of the nation without the.

EB2 Visa Category - Advanced Degree (masters degree or higher)

This employment based immigration route is outlined in the INA §203(b)(2) as codified in U.S.C § 153(b)(2. The applicable regulations can be found in 8 C.F.R 204.(5(k). 28.6% of the worldwide visas plus unused first preference visas are reserved for this preference category. As a general matter and given the more stringent educational requirements, this category is less backlogged and as such more preferable for qualified individuals.

Degree Equivalency for EB2 Advanced Degree Professionals

In order for an immigrant visa petition in the Second Preference (EB2) category as an advanced degree professional, the beneficiary of the petition must meet certain educational benchmarks in order to qualify for EB2 classification. Furthermore, the petition must be for a position that requires an advanced degree professional. In this article, we will explain the rules for meeting the degree equivalency requirements as an “advanced degree professional,” and the issues that commonly appear in such situations.

EB3 Visa Category - Immigration Skilled Workers USA

The third preference visa category is EB-3. This visa category is for professionals, skilled, or other workers. Who is Eligible? There are three groups of people who are eligible for the EB-3 visa category. The first group is professionals: Professionals should at minimum hold a bachelor’s degree, or the foreign equivalent and work in the field in which they earned their degree. A professional, for purposes of this visa category, can also be someone who is a member of the profession.

EB4 Visa Category - Special Immigrant Category

This preference category focuses on Special Immigrants. Special Immigrants, eligible under the EB-4 visa are: Physicians (International Medical Graduates); Religious Workers; International Organization Employees; Armed Forces Members; Broadcasters; Iraqi/Afghan Translators; Iraqis who have assisted the United States; Panama Canal Zone; Retired NATO-6 Employees; Spouses and Children of Deceased NATO-6 Employees

"Same or Similar" Draft Memorandum for I-140 Portability and AILA's Comments

On November 20, 2015, the United States Citizenship and Immigration Services (USCIS) released a draft policy memorandum (Draft PM-602-0122) titled “Determining Whether a New Job is in ‘the Same or a Similar Occupational Classification’ for Purposes of Section 204(j) Job Portability.” The final memorandum will update chapters 20.2 and 22.2 of the Adjudicator’s Field Manual (AFM). The memorandum was open for public review and feedback through January 4, 2016. In this post, I will review key points in the draft memorandum along with comments submitted by the American Immigration Lawyers Association (AILA) on January 4.