US Visas : employment-based visas - live and work in the United States

You want to immigrate to the US ?

Find out how to obtain a work visa to live and work in the USA.

There are 5 categories for obtaining a permanent visa through work. For most categories you must have a job offer to apply, while in some limited situations you do not. In either case, you must have the correct background, in terms of education, training, and/or experience, for the work you will be doing in the U.S. The 5 employment-based categories and the process for obtaining a green card are briefly explained below.

The 5 categories and their subcategories are:

(a) 1st preference (priority workers)

(1) persons of extraordinary ability in the sciences, arts, education, business or athletics as demonstrated by sustained national or international recognition;

(2) outstanding professors and researchers who have been recognized internationally as outstanding in a specific academic area and have 3 years experience in teaching or research in the academic area; or

(3) multinational executives and managers who have been employed for at least 1 year during the last 3 years by the sponsoring employer;

(b) 2nd preference

(1) advanced degree professionals (e.g., architects, engineers, lawyers, physicians, or other professionals with any degree above a bachelor’s degree or its foreign equivalent, such as a master’s degree or a doctorate); or

(2) individuals of exceptional ability whose work will substantially benefit the U.S. economy, or the cultural or educational interests or welfare of the U.S.

(1) skilled workers performing a job that requires at least 2 years of training or experience;

(2) professionals performing a job in a field that requires at least a bachelor’s degree or its foreign equivalent; and

(3) other workers performing unskilled jobs (certain unskilled jobs, such as janitors, gas station attendants, taxicab drivers, or truck drivers do not qualify for an employment-based visa; jobs ineligible for visas are listed on the U.S. Department of Labor’s Schedule B)

(d) 4th preference (special immigrants, including religious workers and others); and

(e) 5th preference (investors willing to invest $1,000,000 (or $500,000 under certain circumstances)).

Applying for an employment-based permanent visa is a multi-step process. If you fall into the 2nd or 3rd preference categories, the first step is to file a Labor Certification with the U.S. Department of Labor. The Labor Certification shows that your sponsoring employer has been unable to find a qualified American worker available and willing to perform the job offered you. In some circumstances, you do not need a Labor Certification if you fall into the 2nd preference category and (a) your work would be in the national interest or (b) your position is listed on the Department of Labor’s Schedule A. Schedule A lists occupations for which there is a recognized shortage of workers. These occupations include physical therapists, professional nurses, and persons of exceptional ability in the sciences or arts and university teachers. Applicants in the 1st, 4th, and 5th preference categories do not need to have a Labor Certification.

The next step is the filing of Form I-140 (Immigrant Petition for Alien Worker) and supporting documentation. Special immigrant religious workers in the 4th preference category begin the process by filing Form I-360 (Petition for Amerasian, Widow, or Special Immigrant) and supporting documentation. Investors in the 5th preference category must first file Form I-526 (Immigrant Petition by Alien Entrepreneur) and supporting documentation.

After your petition is approved, the final step is applying for your permanent visa. If you are classified as a 3rd preference other worker, you will have to wait several years before applying for your permanent visa. If you are in the U.S., you may be eligible to apply for permanent resident status through a process known as adjustment of status.

If you think that you are eligible for an employment-based permanent visa and would like my office to assist you in the application process, it is possible to arrange for a detailed consultation so that I can examine the details of your case. Please refer to the consultation page.

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