IMMIGRANT VISAS
Employment Based Immigration
The Immigration and Nationality Act provides a yearly limit of 140,000 employment-based
immigrant visas, which are divided into five preference categories. They usually
require a labor certification from the U.S. Department of Labor (DOL)
http://www.dol.gov/ and the filing of a petition,
Form I-140, Immigrant Petition for Alien Worker with the Citizenship and
Immigration Service (CIS).
CATEGORIES
Employment First Preference (E1)
People of extraordinary ability in the sciences, arts, education, business,
or athletics. Applicants must have extensive documentation showing national or
international acclaim and recognition in their field of expertise. They do not
have to have a specific job offer, and can file their own petition with the CIS.
Outstanding professors and researchers with at least three years experience
in teaching or research, who are recognized internationally. No labor
certification is required for this classification, but the prospective employer
must provide a job offer and file a petition with the CIS; and
Executives and managers who have already been employed by a U.S. company’s
affiliate, parent, subsidiary, or branch. No labor certification is required,
but the prospective employer must provide a job offer and file a petition with
the CIS.
Employment Second Preference (E2)
Professionals Holding Advanced Degrees, or
Persons of Exceptional Ability in the Arts, Sciences, or Business. All
applicants must have a labor certification, or establish that they qualify for
one of the shortage occupations. A job offer is required and the U.S. employer
must file a petition on behalf of the applicant.
Employment Third Preference (E3)
Skilled Workers, Professionals Holding
Baccalaureate Degrees and Other Workers. All applicants require an approved
I-140 petition filed by the prospective employer. All applicants require a labor
certification or evidence that they qualify for one of the shortage occupations.
Employment Fourth Preference (E4)
Special E4 Immigrants must be the beneficiary of
an approved I-360, Petition for Special Immigrant
Form I-360, Petition for Amerasian, Widow(er),
or Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884.
Employment Fifth Preference (E5)
Employment Creation Investor applicants must file
a Form I-526, Immigrant Petition by Alien Entrepreneur, with the CIS. To
qualify, the applicant must invest between U.S. $500,000 and $1,000,000, in a
commercial enterprise which creates at least 10 new full-time jobs
for U.S. citizens, permanent resident aliens, or other lawful
immigrants, not including the investor and his or her family.
LABOR CERTIFICATION
A person whose occupation requires a labor certification must have
prearranged employment in the United States.
Individual Labor Certification and Petition for Employment Based
Immigration
The prospective employer will coordinate with the prospective employee to
file the appropriate forms for the Labor Certification in the United States
where the work will be performed. The employer will be notified by the
Department of Labor (DOL) when it is approved or disapproved. If a labor
certification is granted, the employer may then file a Form I-140, Petition for
Prospective Immigrant Employee, with the INS for the appropriate preference
category.
How to file the Immigrant Visa petition
All intending immigrants who plan to base their immigrant visa application on
employment in the United States must obtain an approved immigrant visa petition,
filed by their prospective employer, from the Citizenship and Immigration
Service (CIS). If a labor certification is granted, the employer must first
obtain that and then file a form I-140, petition for Prospective Immigrant
employee. The CIS will forward the approved petition to the National Visa Center
that will contact the intending immigrant with further information. Once the
case is completed, National Visa Center will send the case to the Immigrant Visa
Unit in Madrid and a notification to the applicant or his/her agent.
Immigrant Visa Interview
The immigrant visa unit will schedule the final visa interview with the
beneficiary. The petitioner is not required to attend the immigrant visa
interview.
The immigrant visa unit will send you information regarding the medical exam.
Applicants must schedule their medical exam, and pay the medical fee (in Euros
only) directly to the clinic.
Please, follow the instructions in the “Appointment package”. Failure to do
so could result in a delay in your case.
The consular officer cannot decide whether or not to issue you an immigrant visa until you formally apply
and are interviewed.
After the visa is approved and issued.
Once the beneficiary has received his/her immigrant visa, s/he must enter the
United States within 6 months of visa issuance.
The Immigrant visa is placed inside the bearer’s passport, adhered to one of
the pages. At the port of entry, upon the CBP officer’s placement of an
admission stamp on the Machine Readable Immigrant Visa (MRIV) the alien is
admitted to the United States as a permanent resident. This constitutes a
temporary I-551 valid for one year from the date of the endorsement on the
admission stamp. This endorsed stamp is acceptable for travel and employment
purposes. Should the immigrant wish to leave the U.S. and his/her stamp has
expired and s/he has not yet received the Alien Registration Receipt Card, s/he
should contact CIS in the U.S. before departure to ensure permission to return
to the United States.
A permanent resident alien
who intends to remain abroad for more than a year should, at least 30 days prior
to the proposed date of departure, apply while in the United States to the U.S. Citizenship
and Immigration Services (USCIS) in the Department of Homeland Security for a
Reentry Permit. The permit is valid for
two years and may not be extended. If such a permit is obtained the alien may
use this card to reenter the United States within the period of validity. Every
alien applying for readmission must satisfy the immigration authorities that he
or she is eligible in all respects for admission.
To know more about your new life in the United States, check the following
guide:
Welcome to the United States: A Guide for New Immigrants Home Page
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