Who
is Eligible to obtain a visa to work in USA (Employment
Based Immigration)?
The following
information is about visas to work in the US such
as the E2, which result in obtaining a green card/lawful
permanent residence status provided that the following
can be demonstrated through a labor certification
process (except for first preference aliens and national
interest waivers):
- The alien employee will not
be taking any jobs from U.S. citizens, and
- The salary and conditions
of the job offered are the prevailing in the industry
and location and therefore will not negatively
impact the wages and labor conditions for U.S.
citizens.
The following are five categories
of employment visas (E visas) for granting permanent
residence to foreign nationals based on skills and
educational background and employment in the US:
- The E1. First Preference
(E1 priority workers): aliens with extraordinary
ability, outstanding professors and researchers,
and certain multinational executives and managers.
- The E2. Second Preference
(E2 investor visa or workers with advanced degrees
or exceptional ability): aliens who are members
of the professions holding advanced degrees or
their equivalent and aliens who because of their
exceptional ability in the sciences, arts, or
business will substantially benefit the national
economy, cultural, or educational interests or
welfare of the United States.
- The E3. Third Preference
(E3 professionals, skilled workers, and other
workers): aliens with at least two years of
experience as skilled workers, professionals with
a baccalaureate degree, and others with less than
two years experience, such as an unskilled worker
who can perform labor for which qualified workers
are not available in the United States.
- The E4. Fourth Preference
(E4 special workers such as those in a religious
occupation or vocation): aliens who, for at
least two years before applying for admission
to the United States, have been a member of a
religious denomination that has a non-profit religious
organization in the United States, and who will
be working in a religious vocation or occupation
at the request of the religious organization.
For EB-4 special workers (those in a religious
occupation or vocation), you or your employer
must file USCIS Form I-360 (Petition for Amerasian,
Widow(er), or Special immigrant) at the USCIS
Regional Service Center that serves the area where
you will work.
- The E5. Fifth Preference-Employment
creation investors includes:Investors in new
companies employing 10 or more workers, investing
at least $500,000 in "targeted employment areas"
(areas with unemployment of at least 150% of the
national average). Investors in new companies
employing 10 or more workers, investing at least
$1,000,000 in any location.
Ultimately,
to be eligible for an Employment Based Residency
through a visa work in the USA such as the E2, the
foreign alien beneficiary must meet all of the required
criteria pursuant to US immigration law. In addition,
there are only 10,000 E2 investor visas per year for
this preference category, 3,000 of which at least
have to be assigned for investors in targeted employment
areas.
Click
here to learn about the application process
for an E2 visa. |
