Employment-Based Permanent Visas
Dallas, Texas Immigration Lawyers
If a U.S. employer is looking to hire a foreign national for full-time employment, the potential worker must be eligible for permanent residence. If a potential worker is eligible under one of these classes, the employer can file a Petition for Alien Worker (Form I-140) at the US Citizenship and Immigration Services (USCIS) Center. For certain workers, the employer may need to file for a Department of Labor Foreign Labor Certification prior to filing the petition with the USCIS. As mandated by Congress, the following are groups of workers prioritized by their occupational preferences.
EB-1 Priority Workers Visas
EB-1 workers have first priority for obtaining permanent U.S. resident status for employment-based immigration. To classify as an EB-1 Priority Worker, the following criteria must be met:
• Exceptional ability in sciences, arts, education, business or athletics that has been recognized and documented.
• Outstanding professors and researchers with international recognition
• Multinational executives and managers who have been employed for at least one year by a firm, corporation or other legal entity or one
of its affiliates or subsidiaries and seeks to enter the US to continue to work for the same employer, its subsidiary or affiliate.
EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability Visas
This is the second preferred class for foreign national workers to obtain permanent U.S. resident status. Qualifications for EB-2 include the following:
• Foreign nationals who have attained advanced degrees or their equivalent in their home countries and whose skills, knowledge and experience will be a benefit to the US.
• Foreign nationals without advanced degrees, but who have demonstrated exceptional ability in the sciences, arts or business also are included in this class.
• To meet the requirements of an EB-2, foreign nationals must have more evidence to present than merely a degree, certificate, licensure, diploma or certification.
EB-3 Professional, Skilled or Other Workers Visas
The third preferred class, the EB-3, requires that work being performed in the U.S. is full-time, not temporary or seasonal. To qualify, the employer must be granted labor certification by the Department of Labor. This certification requires employers to submit a report documenting their efforts to find U.S. workers to fill the positions, and were unable to find workers who were qualified, able, willing and available to fill the open positions at the asking wage. Criteria for the EB-3 include the following:
• Professionals who hold baccalaureate degrees and work in the profession sought by the employer.
• Skilled workers qualified to perform skilled labor, requiring a minimum two years’ training or experience.
• Other workers who are qualified and capable of performing unskilled labor.
EB-4 Special Immigrants Visas
The fourth preference, the EB-4, pertains to the following immigrants:
• Religious workers
• Government employees and former employees of the US government abroad
• Physicians meeting certain requirements
• Panama Canal Company employees and Canal Zone government employees
There are other foreign nationals who may be eligible for EB-4 status. An attorney at Reyes Bartolomei Browne can advise you on these other options.
