Green Cards / Employment-Based Immmigration Visa Lawyer in Northern Virginia, DC and Maryland

The 5 Employment-Based Visa Preference Categories

Employment First Preference (EB-1)

This category focuses on what’s known as “priority workers,” who receive 28.6% of the yearly limit for those applying. There are 3 defined sub-groups:

• Individuals of extraordinary ability in the sciences, arts, education, business, or athletics. Typically, these are people who have received national or international acclaim and recognition in a particular field. Because they are so outstanding, these individuals don’t need a particular job offer and often file their own petition with the USCIS.

• Exemplary professors and researchers with at least three years experience in teaching or research. Typically, these are individuals who are recognized internationally. As such no labor certification is required, though a prospective employer will need to provide a job offer and file a petition with the USCIS.

• Executives and managers who have been employed by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer in at least one of the 3 preceding years. These individuals must work in a managerial or executive capacity. This preference category doesn’t require a labor certification but prospective employers need to document evidence of a job offer, and file a petition with the USCIS.

Requirements: An approved Form I- 140 (Immigrant Petition for Foreign Worker), filed with USCIS.

Employment Second Preference (EB-2)

This category includes persons of exceptional ability in the arts, sciences or business and professionals holding advanced degrees. These individuals receive 28.6% of the visas awarded annually, plus any unused Employment First Preference (EB-1) visas. The two main subgroups falling under this visa type, plus a third option, which include:

• Persons with exceptional ability in the arts, sciences, or business. Individuals must demonstrate ability in their field beyond what is ordinarily encountered.

• Professionals holding an advanced degree (beyond a bachelor’s degree), or have a bachelor’s degree and at least five years of progressive experience in a particular field.

• EB-2 National Interest Waiver, or NIW. In some circumstances, individuals can bypass the labor certification and job offer requirements, and self-petition for a National Interest Waiver. However, such individuals need to demonstrate that their work is in the nation’s best interest.

Requirements: Individuals must receive a PERM labor certification approved by the Department of Labor, or a Schedule A designation, or establish they must qualify for one of the shortage occupations in the Labor Market Information Pilot Program. In addition, a job offer is required and the U.S. employer must file a petition (Form I-140) on behalf of the applicant. As mentioned, foreign nationals may apply for exemption from the job offer and labor certification if the exemption would be in the national interest. In those cases, the individual may file the Form I-140, along with documented evidence of the national interest.

Employment Third Preference (EB-3)

This category includes skilled workers or professionals holding a bachelor’s degree. These individuals who qualify will receive 28.6 percent of the annual limit for those applying, plus any unused EB-1 or EB-2 preference visas. There are three subgroups of individuals who fall within this category:

• Skilled workers — individuals capable of performing a job that needs at least two years of training or experience;

• Professionals with a bachelor’s degree, who are members of a specific profession, and;.

• Other workers, who are individuals that can fill positions requiring less than two years training or experience.

Requirements: Individuals must receive an approved Form I-140 petition filed by the prospective employer. Individuals must receive a PERM labor certification approved by the Department of Labor, or a Schedule A designation, or establish they must qualify for one of the shortage occupations in the Labor Market Information Pilot Program.

Employment Fourth Preference (EB-4)

This category of “special immigrants” receives 7.1 percent of the annual limit for those who apply. The individual who qualify under this preference category are varied:

• Religious ministers

• Current or former employees of the U.S. Government abroad

• Employee of the U.S. Mission in Hong Kong

• Specific former employees of the U.S. Government in the Panama Canal zone

• Specific former employees of the Panama Canal Company or Canal Zone government

• Specific former employees of the Panama Canal Company or Canal Zone government as of April 1, 1979.

• Broadcasters in the U.S. who are employed by the International Broadcasting Bureau of the Broadcasting Board of Governors (or a grantee).

  Specific foreign medical graduates

• Specific retired international organization employees

• Specific spouses of a deceased international organization employees

• Specific retired NATO-6 civilians

• Specific surviving spouses of deceased NATO-6 civilian employees;

• Juvenile court dependents

• Foreign nationals recruited outside the US who have served or enlisted to serve in the U.S. armed forces

• Foreign nationals who filed a petition or labor certification application filed prior to Sept. 11, 2001, if those petition or applications were voided due to the terrorist acts of Sept. 11, 2001;

• Specific religious workers

• Specific interpreters and translators of Iraqi or Afghan nationality who have worked directly with the U.S. armed forces or under Chief of Mission authority as a translator or interpreter. Must have served for a period of at least 12 months.

  • Note: This particular provision was signed into law in January 2008, but may be subject to other updates in different administrations.

Requirements: Individuals must secure an approved Form I-360 (Petition for Special Immigrant), except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant.

Employment Fifth Preference (EB-5)

This category for “investors” receives 7.1 percent of the annual limit for those applying.

To qualify, a foreign national must invest between U.S. $500,000 and $1,000,000 in a particular commercial enterprise in the U.S. — one that creates at least 10 new, full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants. The total does not include the investor and or his or her family.

Requirements: All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur with USCIS.

Why Choose Our Green Card / Employment-Based Visa Legal Services

In most cases, whether you’re an employer or a foreign national, it’s difficult to file for an employment-based green card on your own, without a trusted immigration attorney. As a trusted and accessible immigration lawyer, I will personally handle your employment-based green card and manage the application process so you have a seamless experience. I’ve handled dozens of employment-based visa submissions and will work to ensure we file exactly what’s needed to give you the best chance of success.

Our Fees for Employment-Based Visa Legal Services / How We Bill

For this particular visa type, whether you come to me as an employer or a foreign national, I always charge transparent and reasonable fees for any legal services on employment-based green cards. Contact us for a free consultation and we can discuss the case and the costs.

Contact Us for a Free Consultation on the Green Card / Employment-Based Visa Process

Whether you’re in the Washington, D.C. area (DMV), or you’re just looking on Google in the D.C. Metro area for “an immigration lawyer near me,” our office is located at 2111 Wilson Blvd, Arlington, VA 22201. We’re happy to serve those living in the District, Northern Virginia (Arlington, Alexandria, Falls Church, Fairfax, McLean), Maryland (Montgomery County - Bethesda, Rockville, Silver Spring, Chevy Chase, etc.), Oxon Hill, College Park, Laurel, Baltimore, and more.

* Consultation is free for the purpose of discussing your specific immigration law case, and the various options available to you at a high level. Consultation is no obligation.

Our phone number is 703-351-1151