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Employment-Based Immigration

http://www.shusterman.com http://www.shusterman.com This presentation discusses how you can obtain a green card or temporary working visa through employment in the US. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Persons may qualify for employment-based green cards in one of the following 5 preference categories: EB-1 - Priority Workers This category consists of persons of extraordinary ability, outstanding professors and researchers and multinational managers and executives EB-2 Persons of Exceptional Ability or Advanced Degrees EB-3 Professionals, Skilled and Unskilled Workers EB-4 Special Immigrants including Religious Workers EB-5 Investors For more information please see our Green Cards Through Employment page at http://shusterman.com/greencardsthroughemployment.html

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Employment-Based Immigration

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  1. Employment Based Visas: Immigrant and Nonimmigrant Rajkrishna Iyer July 11, 2012

  2. Nonimmigrant (Temporary) Visas • Alphabet Soup • Working Visas • Nonimmigrant Intent • Extensions of Stay • Change of Status • Revalidation

  3. Most Common Nonimmigrant Visas • H-1B Professional Worker Visas • Student Visas (F, M) • Exchange Visitors (J-1) • Canadian & Mexican Professionals (TN) • Treaty Traders/ Investors (E-1/E-2) • Intracompany Transferees (L-1)

  4. Green Cards Through Employment • 1st preference: Priority workers • 2nd preference: Advanced degrees or “exceptional ability” • 3rd preference: Skilled workers and professionals • 4th preference: “Special” immigrants • 5th preference: Investors

  5. Priority Workers (EB-1) • Persons of Extraordinary Ability • Outstanding Professors and Researchers • Multinational Managers and Executives

  6. Persons with Advanced Degrees or Exceptional Ability (EB-2) • M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years • PERM Requirement – recruiting U.S. workers • National Interest Waivers – for physicians • National Interest Waivers – for others

  7. Professional and Skilled Workers (EB-3) • Persons whose jobs require 4-year degree • Persons whose jobs require 2 years of experience • PERM Requirement – recruiting U.S. workers

  8. Green Cards Through Employment Procedure • Demonstrate that there are no qualified U.S. workers for position • Prevailing wage requirement • Advertisements in print media, internet, job fairs, etc.

  9. PERM • Ensures that employer is hiring for a position in which no qualified and willing U.S. workers exist • Labor certification required for the 2nd and 3rd preference petitions • PERM receipt date serves as priority date • When PERM is approved, the employer may file the immigrant visa petition (I-140) to USCIS

  10. Exceptions to PERM • National Interest Waivers • Shortage occupations (Schedule A): registered nurses and physical therapists • 1st preference category petitions never require PERM

  11. Visa Bulletin: Employment Category

  12. Other employment categories • Special immigrants: religious workers • “Employment creation”- Investors • Must create at least 10 jobs for U.S. workers • Government-approved regional centers

  13. Green Cards through Employment Waiting Times: • Annual Numerical Cap – 140,000 including Spouses and Children • Visa Bulletin – Published Monthly by State Department • Per-Country Limitations - 7% Requirement • Countries with Significant Backlogs • Grounds of Inadmissibility

  14. Questions?

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