Employment Based Petitions are another common way of getting a Green Card to the United States, many of which allow dual intent.
One of the first steps is to have a Labor Certification (LC) and then comes the filing of your immigration petition. Lords Immigration Certified and Bonded Specialists can guide you through each step.
Our Immigration Specialists will work with your employer to have a labor certification approved by the Department of Labor. Then we will guide you and your employer in filing the I-140 Form: Immigrant Petition for Alien Worker. The following are the main employment- based immigration categories;
First Employment-Based preference (EB-1):Priority Workers; No Labor Certification Required.
- EB-1(a): Persons of "extraordinary ability" in the sciences, arts, education, business, and athletics.
- EB-1(b): Outstanding Professors and Researchers. (Must have at least three years’ experience in teaching or research, and must be recognized internationally as outstanding in his/her field of endeavor.)
- EB-1(c): Certain executives and managers subject to an international transfer to the United States. (Must be employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.)
Second Employment-Based preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability; No Labor Certification Required.
- Professionals holding an advanced degree (beyond a baccalaureate degree) or a baccalaureate degree and at least five years’ progressive experience in the profession;
Persons with exceptional ability in the arts, sciences, or business.
- For EB-2 Visa’s a common waiver is the National Interest Waiver (NIW). Many immigrants petitioning via EB-2 visas are using a NIW to be approved. A certified Immigration Specialist will ensure the waiver is filed correctly, please click here(Hyperlink to Contact Page) to consult with us today.
Third Employment-Based Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers, qualify but only 10,000 visas of the annual quota may be assigned to unskilled workers. The following are the three sub-categories;
- 1.Skilled workers: persons capable of performing job requiring at least two years' training or experience. The job may not be temporary or seasonal;
- 2.Professionals with a baccalaureate degree: members of a profession with at least a university bachelor's degree; and
- 3.Other workers: those persons capable of filling positions requiring less than two years' training or experience.
- Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers, qualify but only 10,000 visas of the annual quota may be assigned to unskilled workers. The following are the three sub-categories;
The Fourth Employment-Based Preference (EB-4): Certain Special Immigrants.
7.1% of the visa quota is dedicated to EB-4 petitions. There are many groups of people who may qualify, therefore it is best to consult with a bonded and certified Immigration Specialist.
A few examples of potential candidates for an EB-4 Visa include;
- Religious workers: coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
- Certain overseas employees of the U.S. Government;
- Former employees of the Panama Canal Company;
- Retired employees of international organizations;
- Certain Employees or Former Employees of the U.S. Government Abroad
- Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for at least 12 months.
- Special Immigrant Visas for Iraqis - Worked for/on behalf of the U.S. Government and Afghans - Worked for/on behalf of the U.S. Government
- Certain Surviving Spouses of deceased International Organization Employees
- Special Immigrant Juveniles (no family member derivatives)
- Certain dependents of international organization employees; and
- Certain members of the U.S. Armed Forces.
Fifth Employment-Based Preference (EB-5): Immigrant Investors
- An alien must invest a minimum of either U.S. $500,000 or $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or any other lawful immigrant, not including the investor and his or her family.
- With the expansion of trade, investments, and entrepreneurship Lords certified Immigration Specialists are well-qualified to quickly file the Form I-526, Immigrant Petition by an Alien Entrepreneur.
- A few examples of potential candidates for an EB-4 Visa include;
- 7.1% of the visa quota is dedicated to EB-4 petitions. There are many groups of people who may qualify, therefore it is best to consult with a bonded and certified Immigration Specialist.
The most common Immigrant investor visa categories are:
- Employment creation outside a targeted area – C5
- Employment creation in a targeted rural/high unemployment area – T5
- Investor Pilot Program not in a targeted area – R5
- Investor Pilot Program in a targeted area – I5