Employment
Based Permanent Residence
The
First Preference* Category (EB 1) or Priority workers (about 40,000
annual visas) consists of:
Persons of Extraordinary Ability: in the sciences, arts, education,
business or athletics, as demonstrated by national or international
acclaim that should be demonstrated through extensive documentation.
The individual should continue the work in the same field and the entry
should substantially benefit the U.S. prospectively.
Outstanding
Professors and Researchers: requires that the individual be internationally
recognized in an academic area and possess at least 3 years of academic
research or teaching experience. She/he must have a tenured or tenure-track
position at a university or an institute of higher education or a comparable,
research position in an institution that employs at least 3 persons
full time in research. The institution must also demonstrate documented
accomplishments in the field.
Multinational Executive or Manager requires that the individual be employed
abroad in that capacity during at least one of the three years preceding
the application for admission to the U.S. as priority worker. She/he
must enter the U.S. to be employed as an executive or manager for the
same firm, corporation or legal entity or a subsidiary or affiliate
of the entity that employed her/him abroad.
NOTE: Aliens qualifying for immigration in the first employment-based
preference do not require a labor certification.
Second Preference : Members of the professions holding advanced
degrees who do not meet the national interest waiver criteria;
Third
Preference : Skilled workers, i.e. those capable of performing work
requiring at least two years experience or training, for which qualified
workers are not available in the U.S.;
Professionals,
i.e. those with baccalaureate degrees; and
Other
workers, i.e. unskilled labor, not of a temporary or seasonal nature,
for which qualified workers are not available in the U.S.
NOTE:
No second or third employment based petition will be accepted without
approved labor certification. The law requires that employers obtain
labor certification from the U.S. Department of Labor.
