Employment-Based Visas: Immigrant and Non-Immigrant - PowerPoint PPT Presentation

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Employment-Based Visas: Immigrant and Non-Immigrant

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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 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 – PowerPoint PPT presentation

Number of Views:59
Updated: 27 March 2015
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Title: Employment-Based Visas: Immigrant and Non-Immigrant


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
Categories Worldwide China (PRC) India Mexico Philippines
1st Current Current Current Current Current
2nd 1-01-09 Unavailable Unavailable 1-01-09 1-01-09
3rd 9-08-06 11-08-05 10-01-02 9-08-06 6-15-06
Unskilled 9-08-06 6-15-03 10-01-02 9-08-06 6-08-06
4th Current Current Current Current Current
Religious Current Current Current Current Current
5th Current Current Current Current Current
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
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