Employment-based immigration

For this immigrant visas categories are eligible foreign workers classified in different levels of preference, according with their abilities, merits, knowledge, experience, among other factors, and prior compliance of the requirements of the law, obtaining the permanent resident status. The preference levels are the following:

EB-1

This immigrant visa category, would allow priority workers to seek permanent resident status, to those workers included in the following groups:
A. Alien with extraordinary ability in sciences, arts, education, business or athletics,
which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; who seeks entry to continue work in the area of extraordinary ability, and entry will substantially benefit prospectively the U.S.

B. Outstanding professors and researchers internationally recognized in a specific academic area, with more than 3 years of experience teaching in such academic area, who seek entry for a tenure teaching position within a university or institution of higher education or a comparable position to conduct research or a comparable position to conduct research with private employer if it employs at least 3 full-time researched and the institution has achieved documented accomplishments in an academic field. 

C. Multinational Executives and Managers: these are the employees abroad for one year (in last three years) by “firm or corporation or other legal entity or an affiliate or subsidiary thereof”; who seek to enter the U.S. to continue to render services to the same employer, or subsidiary or affiliate in a managerial or executive capacity in a company doing business in U.S. for one year.

 

 

 

EB-2

This second level of preference is oriented to Members of Professions holding advanced degrees or aliens of exceptional ability. The following would be eligible for this category:

  • Members of the professions holding an advanced degree or the equivalent (i.e. master or PhD) but also with a combination of educational degree and years of work experience;

  • Professionals with exceptional ability in the sciences, arts or business, whose admission to the United States will substantially benefit prospectively the national economic, cultural or educational interests or welfare of the United States; (Although the terms extraordinary and exceptional may be equivalent, immigration laws reserve the exceptional term, for a degree of expertise significantly above that the ordinarily encounter in sciences, arts or business).

  • In general, this category requires prior certification from the Department of Labor, unless for the national interest the Immigration and Citizenship Service, waives this requirement (National Interest Waiver)

EB-3

The third level of preference is intended for those professionals, skilled workers and other workers who have received an offer of employment in the United States. This category requires prior labor certification issued by the Department of Labor.

 

EB-4

Category designed for special immigrants, among which are religious workers, permanent residents who return to the United States after a temporary overseas visit, persons who re-acquire US citizenship and other special situations.

 

EB-5

This category allows obtaining conditional residence and eventually permanent residence for investors whose investment reaches $ 1,800,000.00 or $ 900,000.00 (rural area or high unemployment) in a commercial enterprise that has the capacity to generate at least 10 full-time jobs (in a period of two years).

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