Employment Based Immigration

The categories you can fall into to get an immigrant visa through work are as follows:

EB1 Category

1. People with extraordinary skills in science, the arts, education, business, or sports. Candidates in this category must have a very extensive documentation showing that they have national and international recognition in their field. These candidates do not need to have specific job offers, provided that when they enter the United States, they continue to work in the area in which they demonstrate extraordinary skills.
2. Exceptional professors and researchers with at least three years of experience teaching or researching and with international recognition. Applicants in this category must come to the US to pursue an occupation as a professor or permanent researcher at a university or equivalent higher education institution. The employer who intends to bring this professional to the United States must file a Form I-140 with the USCIS
3. Executives or managers of multinationals who have been employed for at least one year in the past three years at the employer’s foreign affiliate, parent, subsidiary, or branch in the USA. The candidate’s employment outside the US must have been in an executive or manager position and the candidate must go to the United States to occupy an executive or manager position. The prospective employer must provide a job offer to file the I-140 form with USCIS.

Category EB2 and National Interest Waiver

Anyone applying for an EB2 immigration visa must generally have a work certification approved by the US Department of Labor. The applicant must have a job offer and that potential employer in the United States must file form I-140 in the name of the future employee. Some applicants may apply for a waiver, known as the “National Interest Weiver”, exempting themselves from the need for a job offer if this exemption is considered to be in the national interest. In this case, the candidate can enter his own form I-140, showing evidence of national interest.

There are two subgroups in this category:

1. Professionals with an advanced degree beyond the bachelor’s degree or who have a bachelor’s degree and at least five years of progressive work experience in the profession.
2. People with exceptional skills in science, the arts or business. It is worth remembering that exceptional skill means having a level of specialization significantly higher than what is normally found in these areas.

EB3 Category

Applicants for an EB3 immigration visa must have a work certification approved by the US Department of Labor. The applicant must have a job offer and that potential employer in the United States must file petition I-140 in the name of the future employee.

There are three subgroups in this category:

1. Skilled workers: people whose work requires a minimum of two years of training or work experience that are not temporary or seasonal.
2. Professionals:  those who have professions whose employment requires at least a bachelor’s degree from a university or college in the USA or its equivalent abroad.
3. Unskilled workers: people capable of filling positions that require less than two years of training or experience that are not temporary or seasonal.

If you intend to file an immigrant visa process through work to work in the USA and get a Green Card, we at Clasen Immigration Law can help you. We have extensive immigration knowledge and experience in the field. We can guarantee that this process will go as smoothly as possible and without surprises. If you have a dream of immigrating to the United States to work, we can help you make that dream possible.