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Employment Based Immigration

  • Employment Based Immigration

    Most another common type that allows individuals of foreign nations to immigrate into the United States.

    Through employment-based immigration, an alien will be allowed to live and work permanently in the United States. Aliens who would like to immigrate to the United States are subject to numerical limitation based on the preferences and per country limitations. The overall cap for employment-based visas is set to 140,000 visas for each fiscal year. Each preference category of the first three preference categories of employment-based visas is allocated 40,000 visas for each fiscal year, and the other two categories are allocated 10,000 each for fiscal year.

    To be eligible for employment based immigration for first three preference categories:

    First Employment-based preference: About 40,000 annual visas are available for this category. Under this category managers and executives subject to international transfer to the United States, Outstanding professors or researchers, and aliens with extraordinary ability in the fields of sciences, arts, education, business or athletics are eligible for immigrant visas in this category. Each group has equal access to the visas and none of the group has preference over the other. Usually, alien seeking admission into the United States under this category requires offer of an employment with few exceptions, and no labor certification from the Dept of Labor is required on behalf an alien.

    Second Employment based Preference: 40,000 visas plus any unused visas in first preference category for each fiscal year are available to the aliens of exceptional ability in the fields of sciences, arts, or business, and to the alien professionals with advanced degree or its equivalent. Each group has equal preference and each group has equal access to the available visas. Second employment based preference category requires Job Offer from the US employer requiring exceptional ability or advanced degree and labor certification from the Department of Labor that he or she is not displacing any US worker. However, USCIS may waive both requirements for this category if such waiver is in the National Interest. Please remember that Labor certification is not required only if the job offer requirement is waived in National Interest.

    Third Employment Based Preference: Third employment based preference is allotted about 40,000 visas for each year plus any unused visas from the first two employment based preferences. The law limits unskilled workers to only 10,000 of the 40,000 or more visas available in this preference for each fiscal year. This preference category consists of three groups. One, professional with bachelor degree in his or her field but not necessarily require any experience. Two, skilled workers who are capable of performing jobs requiring at least two years of training and experience. And, three, other workers also referred as unskilled workers who are capable of performing jobs less than two years of training and experience. This preference is a catch all preference that covers all the aliens who have job offers in the United States. This preference requires both Job offer from the US employer, and the labor certification from the Department of Labor that alien is not displacing any US worker.

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