Strak Immigration Law

Employment Based Visa

The

EMPLOYMENT BASED VISA SYSTEM

has five preference categories.
The requirements for each work visa category are, in general, as follows:

First Preference - Priority Workers:

Preference la: Extraordinary ability in the arts, sciences, business or athletics:

The prospective immigrant must show sustained national or international acclaim, recognition of his achievements through extensive documentation; that he is entering the United States to work in that area of ability, and that this entry will "substantially benefit prospectively" the United States.

Preference lb: Outstanding professors or researchers:

The immigrant must have international recognition as outstanding in a specific field, at least three years' experience in teaching or research in that field, and be entering for a "tenured" or "tenure track" teaching position or comparable research position.

The alien's presence must substantially benefit the United States, and "exceptional ability" requires more than a mere degree or license. A job offer is normally required. However, this requirement may be waived by the U.S. Department of Homeland Security, through its designated representative, the U.S. Citizenship and Immigration Service.

Preference lc: Multinational executives and managers:

The immigrant must have been employed outside the United States for at least one year as a manager or executive during the three years preceding the petition for his entry as a non-immigrant, and the prospective employer in the United States must be the branch, affiliate or subsidiary of the same company who employed the alien abroad; and the prospectlve United States employer has been doing business for at least one year.

A Labor Certification Application is generally not required for the above three
subcategories.

Second preference: Professional holding advanced degrees and aliens of exceptional ability:

This category is for members of the profession holding advanced degrees or their equivalent, or who, because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural, or educational interests or welfare of the United States and whose services are sought by an employer in the United States.

A bachelor's degree plus five years of professional experience in the profession is the equivalent of an advanced degree.

Third preference: Skilled workers, professionals holding basic degrees, and "other" workers:

Skilled workers must have two years training or experience, and the job may not be temporary or seasonal.

A professional must hold a United States or equivalent baccalaureate degree and be a member of one of the professions. The job offered must require a baccalaureate degree for entry into the particular occupation.

"Other workers" include nontemporary or seasonal unskilled laborers.

Fourth preference: Special immigrant religious workers:

The worker must be a member of the religious denomination for two prior years; the religious denomination must be a nonprofit, tax exempt religious organization recognized in the

United States, and the alien must be coming to the United States to carry on work as a minister, professional or other worker. (This category has been extended twice by Congress.)

Fifth preference: Employment creation investor:

The investor must normally invest $1 million in a new United States business and create jobs for ten United States workers. If, in fact, the investor is investing in a high unemployment area of the United States, called a target area, or a rural area of the United States with a population of below 20,000, the required investment amount is cut to $500,000. The list of target areas are provided by relevant state authorities.

For the investor who wishes to bailout a troubled business, the investor must invest the required sum and simply maintain the status quo of the employees. (It is not clear at this time whether the number of employees must be a minimum of ten.)

For the investor who is infusing capital into an ongoing business, which is not in trouble, the investor must increase its net worth by 40% or increase its number of employees by 40% over a two-year period.

The investor must show that his investment funds were lawfully obtained.

The investor visa yields a conditional or probationary stay of two years for the investor and his family, at the end of which he must prove that he met the requirements of his particular route to this green card, as referenced in the original business plan.