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Employment Based Visas: Immigrant and Nonimmigrant

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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102 views14 pages

Employment Based Visas: Immigrant and Nonimmigrant

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

Uploaded by

Carl Shusterman
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Employment Based Visas:

Immigrant and
Nonimmigrant
Rajkrishna Iyer
July 11, 2012

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

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)

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

Priority Workers (EB-1)


Persons of Extraordinary Ability
Outstanding Professors and
Researchers
Multinational Managers and
Executives

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

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

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.

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

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

Visa Bulletin: Employment


Category
Categorie Worldwid
s
e

China
(PRC)

India

Mexico

Philippine
s

Current

Current

Current

Current

1st

Current

2nd

1-01-09

1-01-09

1-01-09

3rd

9-08-06 11-08-05 10-01-02 9-08-06

6-15-06

Unskille
9-08-06
d

Unavailable Unavailable

6-15-03 10-01-02 9-08-06

6-08-06

Current

Current

Current

Current

Current

Religiou
Current
s

Current

Current

Current

Current

Current

Current

Current

Current

4th

5th

Current

Other employment
categories
Special immigrants: religious workers
Employment creation- Investors

Must create at least 10 jobs for U.S. workers


Government-approved regional centers

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

Questions?

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