Employment Based Immigrant Visas are different than temporary employment-based nonimmigrant visas, they differ in particular requirements. Filing the appropriate employment based immigrant visa application requires a deep understanding of the goals of both – the foreign employee and the business seeking to hire.
Long Island Immigration Attorney Eric Horn is experienced in acknowledging the situation of employers and employees and will determine which visa to apply for.
The following are the five preference categories (classes) of employment-based immigrant visas:
EB-1 Visas for Priority Workers
The EB-1 preference class includes individuals of “sustained national or international acclaim” with “extraordinary ability” in the sciences, arts, education, business or athletics; “outstanding professors and researchers” recognized internationally in a specific academic area; and “certain multinational executives and managers.” Foreign nationals holding O-1 or L-1 nonimmigrant visa status often qualify for immigrant status under this category.
EB-2 Visas for Professionals with Advanced Degrees or Exceptional Ability
The EB-2 preference class includes members of the professions holding advanced degrees and foreign nationals who, because of their exceptional ability in the sciences, arts or business, will substantially benefit the national economy, cultural or educational interests or welfare of the United States. To qualify as a member of the professions, the applicant must hold an advanced degree or its equivalent (that is, any degree above that of baccalaureate or a baccalaureate degree with at least five (5) years of progressive experience in the specialty). If the profession requires a degree higher than a Master’s degree, the alien must possess that degree.
EB-3 Visas for Professionals, Skilled Workers
The EB-3 preference class includes skilled workers, professionals, and “other workers.” Skilled worker positions require a minimum of two (2) years of training or experience. Professionals must hold a baccalaureate degree (or foreign equivalent) in the field and must establish that a baccalaureate degree is the normal requirement for entry into the profession.
The “other workers” (unskilled workers) category includes positions that require less than two (2) years of training or experience.
Within this preference class, professionals and skilled workers are categorized separately from other (unskilled) workers for purposes of the allotment of available visa numbers.
EB-4 Visas for Special Immigrants
The EB-4 preference class includes religious workers, certain long time employees of the U.S. government, and citizens of Iraq or Afghanistan that have worked for the U.S. Armed Forces as a translator for at least one (1) year.
EB-5 Visas for Immigrant Investors
The EB-5 preference class allows certain foreign investors to qualify for permanent residence. The EB-5 immigrant investor visa program was established to create U.S. jobs by attracting foreign capital to the United States. The basic requirements for this program are an investment of $1 million dollars (or $500,000 in a high unemployment or rural area) in a commercial enterprise that will create full-time employment for at least ten (10) workers. The investor may also choose to invest in a pre-approved “regional center.”
Contact the Law Office of Eric Horn, PC at (631) 435-7900 or contact him online to schedule a consultation.
