THE BASICS : EMPLOYMENT BASED VISAS

In continuing our basics series, this entry concerns those possessing higher levels of expertise in a field.  These visas cover a wide range of specialties and therefore, you should discuss your particular situation with immigration counsel.  You’d be surprised what would successfully work under these categories.  If you have questions, please ask!  We are always open to discuss. Contact us here or call.

Employment based Visas – Labor Certification and Filing a Petition

  1. EB1 Visa – Employment Based Visa, First Preference: Priority Workers

There are three subgroups under this category:

  1. Persons with extraordinary ability: This visa is for persons who are recognized by their peers for having expertise in a certain field.  Fields include, the areas of sciences, arts, education, business or athletics.  These individuals filing under this category must provide substantial documentation of their expertise in the field and “extraordinary ability”. These applicants do not have to have a job waiting for them in the United States, but it is required for them to continue to work in their field of expertise.

 

  1. Outstanding professors and researchers:  This visa is for persons who have at least three years of experience in teaching or research and who are recognized internationally.  These individuals must be coming to the United States to pursue tenure, tenure track teaching or a comparable research position at an institute of higher education.  The applicant’s prospective employer must provide a proof of a job offer and file a Petition for Alien Worker called an I-140.

 

  1. Multinational managers or executives: Individuals who have been employed for one out of the preceding three years by an overseas associated company or branch of the U.S. employer.  The position held in that year overseas must have been in a managerial or executive position.  The applicant’s prospective employer must provide a proof of job offer and file a form, an Immigrant Petition for Alien Worker called an I-140.

 

Important: The information provided herein is for informational purposes only. This information does not constitute legal advice, nor should it take the place of independent legal counsel. As immigration laws are complex and ever changing, we recommend that you consult counsel before taking action in any particular case.

 

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