lin law group
The Immigration Law allows certain qualified aliens to receive permanent residence in the United States based on their employment. The visa petition and or labor certification must be filed in the U.S., then the alien can apply for the visa at the American Consulate nearest to his place of residence or changing his status in the United States. These visas are subject to overall numerical limitations.
First Employment Preference Priority Workers
The first employment based preference usually requires a job offer in the U.S., in the following categories:
* Managers and executives subject to international transfer to the United States.
* Outstanding professors and researchers with universities or private employers.
* Aliens of extraordinary ability in the sciences, arts, education, business and athletics.
Second Employment Preference
The second employment based preference requires a job offer and a labor certification, unless it is waived in the National Interest, and is available to the following categories:
* Aliens of exceptional ability in the sciences, arts or business
* Advanced degree professionals
Third Employment Preference
The third employment based preference requires a job offer and a labor certification.
* Professional with bachelor’s degrees not qualifying in the second preference.
* Skilled workers filling positions requiring at least two years experience and training.
* Unskilled workers.
Fourth Employment Preference
* Certain Special Immigrants: 7.1% of the worldwide level.
Fifth Employment Preference for Alien Investors
The fifth employment based preference is set aside for alien investors in new commercial enterprises. Investors must invest at least $1 Million in the enterprise, capital must be from lawful means, enterprise must benefit the U.S. economy and must create full time employment for 10 U.S. workers, in a new enterprise or a troubled business. There are specially targeted areas which require $500,000.00.
Permanent Residence based on Diversity Immigration Program (Lottery)
To qualify for the diversity program, the alien must be a native of a low-admissions foreign state, and must have at least a high school education. A qualified applicant files an application with the State Department which each year randomly selects those aliens who will be eligible to apply for this type of visa.
Special Immigrants
* Religious Worker who has for the past 2 years been a member of a religious denomination which has a bona fide nonprofit religious organization in the U.S. and who has been carrying on the vocation, professional work continuously for the past 2 years, and who seeks to enter the U.S. solely as a minister, or in a religious vocation.
* Employment with a Panama Canal Company
* International Organization Employee.
