IMMIGRANT VISAS

The EB-5 classification was created in 1990 for certain foreign national investors. The two main requirements for obtaining an EB-5 employment based visa is, first, the foreign national must invest $1 million in a new United States business (or $500,000 in a targeted employment area). Secondly, the foreign national must guarantee to provide full-time employment to at least 10 (ten) qualified United States workers (not including the applicant, his/her spouse, his/her children or any non-immigrant workers). A foreign national investor may obtain an EB-5 classification by establishing a new business in the U.S. If there are more than one investor, each [...]

Foreign nationals who demonstrate extraordinary ability in a specific field may qualify for EB-1-1 employment based status as "priority worker". The foreign national must show that s/he has achieved international or national acclaim in his/her field, and has extraordinary ability (i.e., they have risen to the top of his/her field). S/he must submit documentation of outstanding achievements in the specific field. In addition, the applicant must demonstrate that s/he will be coming to the United States to pursue employment in his/her field of expertise. The applicant does not need an offer of employment in the United States. To obtain an EB1-1 [...]

This type of visa is available for outstanding researchers to qualify as a “priority worker” immigrant visa. An Outstanding Researcher is a person who is recognized as being outstanding in specific academic or applied science fields. The applicant must show at least three years of teaching or research experience in the area for which he seeks classification and must be entering the United States to perform full-time research or teach in the filed of expertise. The applicant must also submit documentary evidence to establish his/her international acclaim as outlined in the pertinent federal regulations.

The EB1-3 visa classification is available to individuals who have been employed with a company abroad in a managerial or executive capacity for at least one year within the last three years, and who seek to work for a related United States parent, subsidiary, or affiliate of an overseas employer in a managerial or executive capacity. The applicant must meet the US Citizenship and Immigration Service (CIS) definition of a "manager" as someone who manages the organization, a department, subdivision, function or component of the organization, supervises other managerial employees, and has the authority to hire and fire employees that come [...]

Foreign professionals with advanced degrees and those with exceptional ability may qualify for EB2 visas. EB2-1 classification can be obtained by foreign nationals, who are members of the professions and who hold advanced degrees, including a person who holds a baccalaureate degree and has at least five years progressive experience in the profession. EB2-2 is available for individuals who possess “exceptional ability” in the sciences, arts or business. To obtain an EB2-1 and EB2-2, the employer must file a labor certification with the U.S. Department of Labor, showing that there are no United States workers available that are qualified for the [...]

Foreign "Skilled Workers" who are capable of performing a job which requires at least two years of training or experience, and for which qualified workers are not available in the United States, can obtain EB3 visa classification. To obtain an EB3-1 status, the U.S. employer must obtain an approved permanent Labor Certification, verifying that no qualified United States workers are available to fill the full-time position offered by the company and proof that the foreign national possessed the two years or more of qualifying experience prior to joining the company. As for foreign professionals, who hold baccalaureate degrees in occupations for [...]