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Leopold & Associates
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Employment Based Immigration

First Preference: Priority Workers

This category consists of three sub-groups:

  1. Persons of extraordinary ability, or "Superstars," in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the USCIS, rather than through an employer;
  2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification (see below) is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS; and
  3. Multinational executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification (see below) is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

Second Preference: Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business.

This category consists of two sub-groups:

  1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
  2. Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.

All Second Preference applicants must have a labor certification (see below) approved by the U.S. Department of Labor ("DOL"). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition with evidence of the national interest.

Third Preference: Professionals Holding Baccalaureate Degrees, Skilled Workers, and Other Workers.

All Third Preference applicants require sponsorship by the prospective employer and labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
  1. Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree;
  2. Skilled workers are persons capable of performing a job requiring at least two years' training or experience; and
  3. Unskilled workers are those persons capable of filling positions requiring less than two years training or experience.
Fourth Preference: Special Immigrants

This category consists of six subgroups:

  1. Religious workers coming to carry on the vocation of 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;
  2. Certain overseas employees of the U.S. Government;
  3. Former employees of the Panama Canal Company;
  4. Retired employees of international organizations;
  5. Certain dependents of international organization employees; and
  6. Certain members of the U.S. Armed Forces.

Fifth Preference: Employment Creation Investors

To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

 





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