2 Senators Offer Immigration Overhaul

"Two senators, a Democrat and a Republican, unveiled the outlines on Thursday of a proposal to overhaul the immigration system, which would require illegal immigrants to admit they broke the law before ...

A Border Runs Through It

"Steeped in the annals of America's symbiotic relationship with Mexico is the two countries’ long-standing and sometimes tense agreement over an issue more far-reaching than border security and immigration: ...

After 10-yr. wait, interpreter who serves in Iraq becomes U.S. citizen

"Naji Chammout, a contract interpreter from Dearborn who has translated for top American military commanders in Iraq, was sworn in as a U.S. citizen today after a 10-year delay." Detroit Free Press, Mar. ...

Army program helps abandoned foreign spouses

"Most have not been abandoned in the classic sense. Many were foreign-born military wives who needed help working through the maze of immigration paperwork necessary to join their husbands in the U.S. ...

Bogged down at the border

"Lines like this one on March 6 have become a familiar annoyance for residents of Ambos Nogales who regularly walk back and forth between Arizona and Sonora for legitimate purposes like shopping, dining, ...

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EB2

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas.  

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each    year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

  • Worker of extraordinary ability in the arts, business, science, education, or athletics;
  • Outstanding University Professor or Researcher; or
  • Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.  In btaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

  • Advanced Degree Professional
  •   Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national  interest to a substantially greater degree than a similarly qualified, available United States worker would.  

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

  • Professionals with a bachelor’s degree;
  • Skilled Workers having at least two years of training and experience in a field;
  • Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for SpecialImmigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

  • Certain Physicians who have resided in the United States for a number of Years;
  • Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax exempt organization affiliated with a religious denomination;
  • Certain overseas employees of the U.S. Government;
  • Retired employees of international organizations;
  • Certain dependents of international organization employees;  
  • Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

  • Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
  • Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary.  Gerald ipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Gerald Cipolla & Associates for a consultation today.

 




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Our Blog

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March 10, 2010 – H1B Petitions for FY2011

The USCIS announced on March 08, 2010 that it would begin accepting H1B petitions subjects to Fiscal ...

March 2010 Visa Bulletin

The Department of State released its Visa Bulletin for March 2010, it predicts the availability of ...

February 3, 2010 – Approval Notices “Recall”?

Yesterday, the USCIS posted an update to alert certain non-immigrant worker and change/extend non-immigrant ...

January 21, 2010 – Naturalization for Armed Forces

On January 19, 2010, the Department of Homeland Security (DHS)  issued a final rule that changes ...



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