Immigration Employment Green Card
Permanent Work Visa Lawyer in San Jose
Employment-based immigration is typically divided into five categories,
each with sub-categories, which will be discussed at length below. Each
category is referred to as a numerical preference, and each category is
aimed at certain types of professional workers, employees with a certain
background, or investors. At Verma Law Firm, we are here to help you determine
which category applies to you and help you with the application process.
The categories are as follows:
First Preference – Priority Workers (EB-1 Category) The EB-1 category: This, or First
Preference, is highly desirable because the applicant does not need to
file for a labor certification. Also, the EB-1 category’s priority
dates are more frequently current than EB-2 or EB-3. A current priority
date means that there is no wait and that an immigrant visa number is
currently available for the applicant. The First Preference, often referred
to as the Priority Worker category, includes the following three categories:
1) persons of extraordinary ability; 2) outstanding professors and researchers;
and 3) multinational organization managers and executives.
- Members of Professions with Advanced Degrees or Aliens of Exceptional
Ability (EB-2 Category): This category is advantageous because EB-2 priority dates are more frequently
current than the EB-3 category. The EB-2 category is for professionals
who have advanced degrees or their equivalent or individuals who will
substantially benefit the U.S. economy, cultural or educational interests
because of their exceptional ability in the sciences, arts or business.
Third Preference – Professionals, Skilled and Other Workers (EB-3
Category): The Third Preference is for three categories: 1) professionals, 2) skilled
workers, and 3) other workers. All EB-3 applicants must file a labor certification
and have a job offer. Also, a national interest waiver (NIW) is not available
for EB-3 applicants. An EB-3 applicant may fall under Schedule A of the
DOL regulations and therefore not be required to test the labor market
(see below for Schedule A eligibility). Unfortunately, the EB-3 category
is subject to long backlogs, especially for applicants from India and
China. EB-3 applicants from such countries with a long backlog must often
wait years before they can complete the immigration process.
Fourth Preference – Special Immigrants (EB-4 Category): The Fourth Preference is comprised
of several specialized categories, as listed below. EB-4 applicants may
petition without an employer, but must file the Form I-360 with documentary
evidence showing that they are eligible as special immigrants. EB-4 visas
comprise a smaller total number of visas than EB-1s, EB-2s, or EB-3s.
Give us a call today at (408) 560-4622 to schedule a
consultation with a San Jose immigration lawyer!