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Chicago Employment Based Green Card Lawyer

Employment Based Immigration

Employment Based Permanent Residence Petitions

There are 140,000 visas that become available every single year to people who wish to come to the U.S and work. Most of the Employment Based visas require the submission of the I-140 USCIS Form. The Employment Based visas are divided into categories. The following is a general introduction of those categories. 

  1. First Employment Based preference for those considered "priority Workers" This category is further divided into sub-groups: (EB-1)
  • EB-1(a): These are persons of "extraordinary ability" in the fields of sciences, arts, education, business, and athletics. To qualify, applicants will have to send in to Immigration examiners documentation showing sustained national or international acclaim and recognition in their specified field or expertise. The U.S. wants these individuals so badly that no job offer is required for them to enter the U.S. on this category. No labor certification is required either.
  • EB-1(b): Outstanding Professors and Researchers. To qualify under this sub-category as a priority worker who is an outstanding professor/researcher, you must have at a minimum three years experience as a researcher or professor and be recognized internationally as outstanding in your field. unlike the first subcategory, there must be a job offer from an employer, however no labor certification is required under this category.
  • EB-1(c): Executives and Managers who transfer to the United States. These individuals are managers and executives and are required to have been employed for at least one year during the past three years at an overseas affiliate, parent, subsidiary, or a branch of a U.S. employer. Like the previous sub-category, no labor certification is required, however the employer will have to offer the foreign employee a job and serve as a petitioner in the I-140 petition.

2. The Second Employment preference in this category is (EB-2) There are two sub-categories under this Employment-based preference.

  • Individuals holding advanced degrees beyond a baccalaureate degree. In cases where there is no exception in the labor certification process, the U.S. employer must file a labor certification with the Department of Labor and an I-140 petition.
  • Individuals holding a baccalaureate degree and at least five years of experience in the same profession, and persons with exceptions abilities in the sciences, arts, or business.
  • National Interest Waiver (NIW) may be filed along with the I-140 to bypass the labor certification filed with the DOL. Instead, the applicant files all forms to USCIS to evidence the immigration is in the National Interest of the United States. Contact our NIW Chicago lawyer at 773.609.4108 or write using this convenient form.

3. The Third Employment Based Preference (EB-3) Which includes skilled workers who are professionals holding a Baccalaureate degrees and other workers. All applicants who apply through the third preference need to receive a job offer from a U.S. employer who files the I-140 petition on their behalf. All workers under this category require a labor certification from the Department of Labor. Three Sub-Groups exist within this category:

  • Skilled workers: Usually requiring 2 years of experience or training
  • Baccalaureate degree holders: Members of a profession who received their Bachelors degree
  • Other Workers: Requiring less than 2 years of experience 

4. The Fourth Employment Based Preference (EB-4) Applicants are beneficiaries of I-360 which is a petition for special immigrant. Individuals who may qualify are religious workers coming to the U.S. to carry out their vocational duties, Certain overseas employees of the U.S. government, Retired employees of international organizations, Certain members of the U.S. armed forces.

5. The Fifth Employment Based Preference (EB-5) which is created for investors who must invest at least $500,000 or $1,000,000 in a commercial enterprise in the U.S. which creates jobs for U.S. citizens or Legal permanent residents. Contact our Chicago EB-5 lawyer for more specific information on this category. You can schedule a conversation by calling 773.609.4108 or by writing using this convenient form.

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