Employment Based

In general, a specific offer of employment from a U.S. based employer is required to qualify for immigration in the employment based preference categories.

Priority Workers (First Preference Category)

The employment based first preference category is divided into:
Persons of extraordinary ability in the sciences, education, arts, business or athletics: outstanding professors and researchers & certain multinational executives & managers.
Aliens with extraordinary ability

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the top of his or her field of endeavor. To be considered as an alien with extraordinary ability, the alien must have sustained national or international acclaim in the field of science, art, education, business or athletics, which must be recognized in the form of extensive documentation. The alien must be seeking to enter the United States to continue work in the field, and the entry of such alien must substantially benefit prospectively the United States.

Although no offer of employment (including labor certification) is required, for aliens with extraordinary ability the alien must include with the petition convincing evidence that he or she is coming to continue work in the area of expertise. Evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments, such as contracts, or a statement from the beneficiary detailing plans for continuing work in the United States.

Outstanding Professors and Researchers

An alien may qualify as an outstanding professor or researcher if the alien:

1. is recognized internationally as outstanding in a specific academic area;
2. has at least 3 years of experience in teaching or research in the academic area; and 
3. has the required offer of employment.

Aliens coming to the United States as outstanding researchers or professors do not require labor certification. However, such aliens must have a letter from:

1. a U.S. university or institution of higher learning offering a tenured or tenure-track teaching or research position in the academic field; or
2. the department, division, or institute of a private or non-profit employer offering the alien a comparable research position in the academic field.

The department must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in the academic field.

Certain Multinational Executives and Managers

An alien may qualify as multinational executive or manager if:

1. during the 3 year period preceding the time of the alien’s application for classification and admission into the United States, the alien has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and 
2.  the alien seeks to enter the United States in order to continue to employment with the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

No labor certification is required for Certain Multinational Executives and Managers. However, the prospective U.S. employer must furnish a job offer in the form of a statement which indicates that the alien will be employed in the United States in a managerial or executive capacity. The letter must clearly describe the duties to be performed.

Do you qualify for the employment based first preference category?
An alien of extraordinary ability may file an immigrant visa petition, Form I-140, on his or her own behalf with the U.S. Citizenship and Immigration Services (USCIS). Other employer-sponsored immigrants must be beneficiaries of approved petitions filed by the employer.
Note: The decision on whether a person is qualified for registration in the employment based first preference category is made by USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.

Members of "The Professions” (Second Preference Category)

The employment based second preference category is divided into:

Members of the professions includes, but is not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries. It also includes any occupation for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation. For member of the professions, advanced degree means any U.S. academic or professional degree (or foreign equivalent degree) above that of a baccalaureate. A bachelor degree plus five years of progressive experience in the professions is considered as the equivalent of a master's degree.

Aliens of Exceptional Ability in the sciences, arts, or business. An alien will qualify for registration in this category if he or she is seeking to enter in the United States in his or her field and the entry of such alien will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.
Exceptional ability has been defined as something more than what is usual, ordinary, or common, and requires some rare or unusual talent, or unique or extraordinary ability in a calling which, of itself, requires that talent or skill. The possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice, or certification for a particular profession or occupation, shall not, by itself, be considered sufficient evidence of such exceptional ability.

Do you qualify for the employment based second preference category?
A specific offer of employment is required in order to qualify for immigration in the employment based second preference category. The prospective employer is required to contact the local state employment office for information on filing for labor certification to show that there are no qualified U.S. workers available for the proposed employment. If labor certification is approved, the certification is filed together with an immigrant visa petition, form I-140, with the office of the U.S. Citizenship and Immigration Services (USCIS).
Those seeking employment in the exceptional ability category, may seek an exemption from the job offer requirement and may file a petition on his or own behalf may be obtained from USCIS.
Note: The decision on whether a person is qualified for registration in the employment based second preference category is made by USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.

Skilled Workers, Professionals & Other Workers (Third Preference Category)
The employment based third preference category is divided into:

Professionals: defined as a member of the professions who holds a baccalaureate degree. Members of the professions include, but are not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries. It also includes any occupation for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation.

Skilled workers: defined as a person, who at the time of petitioning, is capable of performing skilled labor, requiring at least 2 years training or experience, not of a temporary or seasonal nature, and for which there are no qualified workers available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.

Other Workers: defined as a person who is to perform unskilled labor, requiring less than two years training, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Do you qualify for the third preference category?
A specific offer of employment is required in order to qualify for immigration in the employment based category as a professional, skilled or unskilled worker. The prospective employer should contact the local state employment office for information on filing for labor certification to show that there are no qualified U.S. workers available for the proposed employment. If labor certification is approved, the prospective employer will be required to file the certification together with an immigrant visa petition, form I-140, with the office of the United States Citizenship and Immigration Services (USCIS).
NOTE: The decision on whether a person is qualified for registration in the employment based third preference category is made by the USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.

Immigrant Investor Visas

Who is eligible?

Investors may qualify for employment creation immigrant visas if they seek to enter the United States for the purpose of establishing a new commercial enterprise. The investment must provide at least 10 full-time positions for U.S. citizens, legal permanent residents of the United States, or other immigrants with employment authorization. The minimum capital required in most cases is one million dollars; the requirement is less in certain poverty areas.

How to apply?

Persons wishing to establish eligibility for employment creation immigrant visas are required to file a petition, from I-526 with the United States Citizenship and Immigration Services (USCIS). Note: The decision on whether a person is qualified for registration in the investor visa category is made by the USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register for immigration in this category.