What is Employment-Based Immigration? Generally, an employment-based immigration is the instrument that enables the petition of an employment-based immigrant visa by a United States employer on behalf of an employee who is foreign national. Each year a limit of 140,000 employment-based immigrant visas allotted by the Immigration and Nationality Act (INA) are available to foreign nationals who qualify for those visas. As a result of the limited number of visas allotted per year, there is usually a waiting period which could be a short or a long waiting period depending on the preference category. The 140,000 visas are divided into five preference categories.
The five employment-based preference categories are: 1. EB-1: There are three types of people who qualify for the EB-1 (employment-based first preference category). Unlike the other employment-based preference categories, there is usually no back logs in this category which means that there is usually a shorter waiting period. The three types of people who qualify and fit under this category are: a. People with extraordinary ability the science, art, education, business or athletics which has been demonstrated by sustained national or international acclaim. b. Outstanding researchers and Professors c. Multinational executives and managers 2. EB-2: This the second employment-based immigration category and it is for people with exceptional abilities or people with advance degrees. An advance degree means a degree higher than a master’s degree or a person with a bachelor’s degree and 5 years of work experience. Unlike the first employment-based category, the second category requires Labor Certification. Labor Certification is an immigration step which ensures that the foreign worker seeking employment-based immigrant visa will not displace a U.S. worker who is equally qualified. Once labor certification has been completed, an employer can successfully continue with the green card process through job offer if it is shown that the job offer will not displace American workers. Exceptions to Labor Certification Requirement: Under the second category of employment-based immigration, an employer may be exempt from labor certification requirement if it can be shown that there is a national interest. This exemption is known as the National Interest Waiver (NIV).
National Interest Waivers (NIV): An employer is exempt from the PERM process if it will be contrary to the National Interest of the United States for the employer to go through the PERM process. PERM stands for Program Electronic Review Management, an electronic labor certification system. Requirement for National Interest Waiver: To be exempt from the PERM process it must be shown that going through the process will be contrary to national interest. An example would be someone working on a cure for cancer or special weapons for United States who can show that stopping the process and finding someone minimally qualified would be contrary to the nation’s interest. Physicians working in an underserved area can qualify for National interest waiver (NIV). 3. EB3: The third preference for employment-based immigration is for professionals and skilled workers. It requires a four year degree or its equivalent. This category has the longest wait time because it includes skill workers and other workers increasing the number of applicants applying for a very limited supply of visas. PERM is a required for this process. 4. Special Immigrants EB-4: Employment-based immigration under this category of employment-based immigration is not as widely popular as those of the previous categories. This category is carved out for a particular group of immigrants known as Special Immigrants. Special immigrants include religious workers, religious ministers, Special Immigrant Juvenile status (SIJS), broadcasters, International Organization employee and few more. For more on Special Immigrants see the article titled “Green Cards for Special Immigrants: Who is a Special Immigrant. 5. EB-5: This category requires a minimum of million dollars in investment in a new commercial enterprise. It also requires the creation or preservation of at least 10 full-time jobs for qualifying U.S. workers within two years of admission of the immigrant investor as a conditional permanent resident. Although the Eb-5 investment requires a million dollar investment, a person can invest 500 thousand dollars investment if location of business is in a place designated as regional center. A regional center is a place involved with the promotion of economic growth, job creation and improved regional productivity. Note that EB-5 investment category is different for the E-2 investor Treaty visa which is limited to only the nationals of treaty countries with which the United States maintains a treaty of commerce and navigation. For more information, contact our office at 602-535-2500 and visit our page at www.immigrationlawyeraz.com. About the Author: Lelia Adams Essien is the managing attorney at Essien Immigration Law, which is located in Phoenix, Arizona. Lelia is very passionate about immigration law and helping other immigrants because she was once an immigrant. As an immigrant, she truly understands and can personally relate to the daily struggles facing many immigrants and their families in the United States. For more information about the author click on the link below: www.immigrationlawyeraz.com/attorneyprofile
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