The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas, divided into five preference categories. These may require labor certification from the U.S. Department of Labor (DOL) and the filing of a petition with U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS).
Priority Workers receive 28.6% of the annual worldwide visa limit. All EB-1 applicants must be the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker, filed with USCIS.
This category includes three subgroups:
Individuals in the sciences, arts, education, business, or athletics who demonstrate sustained national or international acclaim. No job offer is required, and applicants may self-petition if entering the U.S. to continue work in their field.
Must have at least three years of experience in teaching or research and be internationally recognized. No labor certification is required, but a job offer and employer-filed petition are necessary.
Must have been employed abroad for at least one of the three preceding years by an overseas affiliate, parent, subsidiary, or branch of a U.S. employer. No labor certification is required, but a job offer and employer petition are required.
Applicants must have an approved labor certification from the DOL, Schedule A designation, or qualify for a shortage occupation in the Labor Market Information Pilot Program. A job offer is usually required, and the U.S. employer must file Form I-140. However, individuals may request a National Interest Waiver (NIW) to self-petition without a job offer if they can demonstrate that their work benefits the U.S.
Subcategories include:
Must hold a degree beyond a baccalaureate or a bachelor’s degree plus five years of progressive experience in the field.
Must possess a level of expertise significantly above that normally encountered in the sciences, arts, or business.
Applicants require a Form I-140 approved by a U.S. employer and a labor certification, unless exempt through a Schedule A designation or shortage occupation in the Market Information Pilot Program.
Subgroups include:
Individuals capable of performing a job requiring at least two years of training or experience.
Must possess at least a bachelor’s degree and be a member of a qualifying profession.
Individuals performing unskilled labor requiring less than two years of training or experience. (Note: Subject to additional numerical restrictions.)
Applicants must generally be the beneficiary of an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. (Overseas U.S. Government employees use Form DS-1884.)
1. Broadcasters employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
2. Ministers of Religion
3. Certain current or former employees of the U.S. Government abroad
4. Employees of the U.S. Mission in Hong Kong
5. Former employees of the Panama Canal Company or Canal Zone Government
6. Translators and interpreters (Iraqi or Afghan nationality) who worked with U.S. Armed Forces or under Chief of Mission authority (limited to 500 visas annually through FY08)
7. Certain Foreign Medical Graduates (adjustments only)
8. Retired International Organization employees
9. Surviving spouses of deceased International Organization employees
10. Juveniles declared dependent by a S. juvenile court (no family member derivatives allowed)
11. Foreign nationals enlisted or serving in the U.S. Armed Forces
12. Certain retired NATO-6 civilian employees
13. Surviving spouses of deceased NATO-6 civilian employees
14. Beneficiaries of a petition or labor certification filed prior to 11, 2001, which became void due to a terrorist act
15. Certain Religious Workers
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