Employment Based Immigration

In general, a specific offer of employment from a U.S. based employer is required to qualify for immigration in the employment based preference categories. Prior to filing a petition with the Bureau of Citizenship and Immigration Service (BCIS), applicants for classification as a member of the professions, professionals, skilled or unskilled workers must obtain certification from the U.S. Department of Labor that there are no qualified workers available for the proposed employment in the U.S. 

Persons who believe they are entitled to immigrant status based on proposed employment in the U.S. require an approved petition, Form I-140 from an BCIS office in the U.S.  To download this form go to: U.S. Immigration & Citizenship Forms.

The categories for employment based immigrant visas are:

1. Priority Workers: persons of extraordinary ability in the sciences, education, arts, business or athletics: outstanding professors and researchers & certain multinational executives & managers.  People who qualify as Priority Workers may petition on their own behalf with the INS.
    
   
2. Members of “The Professions” Persons with exceptional ability in the sciences, arts and business: defined as a member of the professions holding an advanced degree or equivalent, or baccalaureate degree plus at least 5 years of progressive experience in the specialty, and persons of exceptional ability in the sciences, arts and business 
    
   
3. Professionals: A person who holds a baccalaureate degree and who is a member of the professions
    
   
4. Skilled and Unskilled Workers: Skilled workers with at least two years training or experience and unskilled workers whose skills are in short supply in the U.S.  Note: The Consulate does not keep a list of these professions.
    
   
5. Special Immigrants: Certain religious workers and ministers of religion, certain international organization employees, qualified and recommended current and former employees of the U.S. government, and returning residents must apply to the Secretary of State through a U.S. consular office abroad. All other special immigrants must file a Form I-360 petition with an INS office. To download this form please go to: U.S. Citizenship & Immigration Forms
    
   
6. Investors: Persons who will create employment for at least ten unrelated persons by investing a minimum of $1,000,000 in a new commercial enterprise in the U.S.  An investor must file a Form I-526 petition with INS. To download this form please go to: U.S. Citizenship & Immigration Forms