Employment Based Immigration Test

Different types of Employment based immigration

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills.
If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.
There are 5 permanent-visa preferences (categories) from EB-1 through EB-5.

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor.
For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL).

Different types of Employment based immigration

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.
We can help developing this case and process for you. We can set up a phone consultation or if you happen to be nearby one of you national offices, we can discuss in person.

In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized
in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award)
or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts

If your EB-1 (I-140 Form) petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.

Call us and we can begin discussing these criteria and your case.

This is the second preference tier for employment based visas. It requires petitioners to hold an advanced degree (such as a baccalauret degree, or a foreign degree plus 5 years post-baccalauret, progressive work in the field)

Alternatively, you may petition an EB-2 Visa if you demonstrate exceptional ability “significantly above the ordinarily encountered in the science, arts, or business”.

The H1 B is a Temporary Worker Visa for people who wish to perform services in a specialty occupation. Petitions may be filed for individuals under the H-1B category if they work in a specialty occupation, engage in cooperative research and development projects administered by the U.S. Department of Defense, or are fashion models that have national or international acclaim and recognition.

This type of Visa may allow a person a period of stay for up to 3 years. It may be extended, but usually for no more than a total of 6 years. Although some exceptions do apply.
As do many of the employment-based visas, the H1-B Visa requires an employment contract.

The O-1 Visa is a nonimmigrant Visa for individual who possesses extraordinary ability in the sciences, arts, education, business or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

This temporary Visa is geared to people of extraordinary ability going to the United for an event and up to 1 year. Extensions may follow usually for up to 3 years.
This type of Visa also allows for an O-2 Visa for persons accompanying the individual as part of a specific event, and also allow spouse and children of both O-1’s and O-2’s.

J. Eric Price is a former government lawyer who has fought immigration cases on both sides. He represented immigration authorities in thousands of cases and has now done the same for individuals fighting deportation. He knows the strategies and tactics used by the government, and can use that knowledge to protect you from deportation.

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