At Mark Weiner Law, we can help you through the entire Immigrant Visa process. Below we’ve provided more information on the types of Immigrant Visas below. For more questions or to talk more about our practice contact our office.
EMPLOYMENT BASED IMMIGRANT VISAS
Employment-based immigrant visas (or “green cards”) are available to people with extraordinary abilities, advanced-degree holders, multinational executives, certain professionals, and skilled workers.
In 2016, the U.S. granted around 140,000 employment-based green cards, which was approximately 12 percent of total green cards issued that year. Clearly, the U.S. immigration system is focused on family unification.
As the employment-based process of obtaining residency is extremely convoluted and complicated, as opposed to family based, we will keep the description of each category general and simple to understand. Please contact us for a free consultation where all of your questions may be answered. It is imperative to hire an experienced immigration lawyer to help you navigate your way through the maze of dense regulations, forms, processes and documentation.
EB-1 These are green cards for people with:
- Aliens with “extraordinary” abilities that have “been demonstrated by sustained national or international acclaim.” No employer needs to sponsor a foreign national in this category. However, proof of continuing to work in this field is needed.
- “Outstanding” professors and researchers who are “recognized internationally as outstanding in a specific academic area.” A university or equivalent institution of higher learning needs to offer employment to the foreign national; and
- Multinational executives. A specific relation must exist between the US sponsoring company, and the foreign company from which the foreign national is transferring from.
This category includes immigrants “who because of their exceptional ability in the sciences, arts, or business” will “substantially benefit” the “economy, cultural or educational interests, or welfare” of the United States. EB-2 immigrant visas are also available to physicians who agree to work full-time in areas with a shortage of doctors or at Veterans Affairs facilities. An EB-2 visa generally may be issued to an immigrant only if the Department of Labor makes a determination (PERM) that there are not enough U.S. workers who are “able, willing, qualified, … and available at the time of application” and that the person will not “adversely affect the wages and working conditions” of U.S. workers. EB-2 visa applications must be sponsored by a U.S. employer.
These are immigrant visas for skilled and unskilled workers providing services that are not available from U.S. workers, and for professionals, such as engineers and teachers, who do not have advanced degrees. Like EB-2 visas, an EB-3 visa may be issued only upon a determination by the Department of Labor (PERM).
These immigrant visas are available for people such as religious workers, broadcasters, members of the armed services, and Afghani and Iraqi translators.
Immigrant visas are available for foreign nationals who invest at least $900,000 (or $1,800,000 depending on the location of the business) in certain U.S. businesses. Many investors use Regional Centers, approved projects by USCIS, to pool their investments and mitigate the need to independently manage the business and create 10 new job for US workers.