EMPLOYMENT BASED PETITIONS

Foreign nationals may be sponsored through employers to change his/her status from a non-immigrant to that of an immigrant or if the alien is outside the U.S. or to immigrate to the U.S. Foreign nationals that are sponsored by employers to come to the U.S. under employment based petition (form I-140) will remain in the U.S indefinitely as a permanent resident. Our Houston employment visa lawyers and our Houston work visa attorneys are experienced in assisting employers to prepare and to successfully file employment based petitions. Please contact our Houston work visa lawyers and our Southwest Houston employment visa attorneys for further information.

There are 5 different types of employment-based petitions. Some categories required the applicant to apply and received a labor certification through the labor certification, PERM, process (a document provided by the Department of Labor) to certify that the person possesses the skills that is lacked in the U.S and the job required the applicant to remain in the U.S. on a permanent basis) prior to filing for the immigrant petitions. Other categories exempt applicants from obtaining labor certifications out of the interest of the United States, including persons that are multi-national executive, those who have exceptional skills and qualifications, or those that invest a large amount of money in the United States.

Employment Based Immigrant Petitions Categories

Employment-Based First Preference (EB-1) – There are three subcategories under the 1st preference in which a foreign national may be qualified. The subcategories share 40,000 immigrant visa numbers per year. These individuals are exempt from obtaining labor certification. PERM, prior to filing for their immigrant petitions. They are as follows: 
• EB-1 Subcategory (a): Workers of Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics – These are individuals with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. Essentially, the individual must have had international recognition, such as a Nobel Price to be considered under this category. However, certain recognized businessmen (businesswomen), who have had international recognitions, may also be qualified. Our experienced Houston immigration attorneys, who are creative, may be able to assist you in obtaining an immigrant visa under this category.
• EB-1 Subcategory (b): Outstanding Professors and researchers – The applicants must have gained international fame for their research or academic achievements. Further, the person must have had at least three years experience, and enter the U.S. working for a research center or in a university setting in the same field of study.
• EB-1 Subcategory (c): Certain Transferring Multinational Executives and Managers – Multinational executives and managers who are transferred to the U.S. may qualify under this category, which also does not require PERM. The person must have been employed outside the U.S. in the organization at least one of the three years preceding the petition. Further, the employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, a subsidiary of the employer, or through common ownership. Most often times, the USCIS will reject the application based on the applicant’s inability to show “executive capacity” or if the company failed to show that the structure of the U.S. company is the same as the foreign company in case of having “common ownership.” The immigration attorney need to be creative and shows that Applicants has various layers of management, and in some cases, may be show that “contractors” are employees under this requirement.

Employment-Based Second Preference (EB-2) – The "EB-2" (or "second") preference category is for immigrants in the following three categories. They share, without allocation between them, about 40,000 visa numbers per year, plus the spill-down of any unused numbers from the EB first preference. Although EB-2 approved applicants may adjust their status to obtain legal permanent resident, they must go through the labor certification process, which is now done electronically through PERM.
(a) Foreign nationals of exceptional ability in the sciences, arts or business – "Exceptional ability" is defined in the Department of Homeland Security regulations as ''a degree of expertise significantly above that ordinarily encountered in the sciences, art, or business." 
(b) Foreign nationals with advanced degrees – The professional must have an "advanced degree," i.e., a master's or doctorate. "Profession" means one of the common professions listed in the statute, plus any other occupation for which a bachelor's degree or foreign equivalent is the minimum entry requirement.
(c) Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved – A “physician” is defined as a doctor of medicine or a doctor of osteopathic medicine. The petitioner (employer) must apply for a “national interest waiver,” from the Department of Labor for the person to work in an underserved area. 

Employment Based: Third (3rd) Preference – There are 40,000 visa numbers allocated annually to the third EB preference annually, which consists of three sub-categories. Applicants must have job offers and PERM applications approved prior to applying. There is no allocation of visa numbers between professionals and skilled workers. However, no more than 10,000 numbers of the total annual allocation for this category may be used for ''other workers," whose subcategory is therefore usually backlogged for many years.

(a) Professionals (for positions requiring at least a baccalaureate). This is the category in which many H-1B professionals apply when their employers submit their I-140 for immigrant petition and I-485 application for adjustment of status;
(b) Skilled workers (for positions requiring at least two years of experience); and
(c) Other workers (for jobs requiring less than two years of experience). As of the latest Visa Bulletin, no visa is available for this category until fiscal year 2008, starting October 1, 2007.

Employment Based Fourth (4th) Preference: Religious Worker and Other Special Immigrants – There are 10,000 visa numbers allocated annually to certain categories that are called “special immigrants.” These include special immigrant minors, victims of crimes and trafficking, and victims qualifying under the Violence Against Women Act. However, the majority of these visas are used to religious workers, which consists of three main sub-categories:

(a) Ministers of Religion, including priests and monks (a lay preacher does not qualify);
(b) Professionals employed in a religious vocation or occupation; and
(c) Others working in a religious vocation or occupation.

Employment Based Fifth (5th) Preference: Under this visa, a foreign national may come and invest in the United States. If approved, the person does not need a labor certification and usually a visa is immediately available. The person must invest at least $ 1 Million in a populated area or $500,000 in a less populated (rural) area. The person must control and manage his company. The company must employ at least 10 additional persons. The applicant can purchase an existing business or to start a new business. The advantage to this visa is that the investor and his family (wife and unmarried children under 21) can come to the U.S. and a green card is available immediately when they come to the U.S.

I-140 Petitions for Alien Employees and Adjustment of Status through employment based petitions requires detailed documentations to meet various requirements under immigration law. You should seek professional help in filing your application to minimize the risk of a potential denial. Please contact one of our Houston employment visa attorneys and our Houston work visa lawyers at http://www.immigrationlawyersinhouston.com for more information and assistance in filing your applications. You can also reach our Houston employment visa law firm at 713-492-0337.

Our Houston Immigration Lawyers and our Houston Immigration Attorneys assist clients in the Houston Texas area, as well as nation-wide, including Dallas, Fort Worth, Plano, Las Colinas, San Antonio, Corpus Christi, The Valley, and Tyler. In addition, our experienced Houston Immigration Attorneys and our Houston Immigration Lawyers have assisted clients from England (the U.K.), Belgium, Germany, Denmark, United Arab Emirates (UAE), Pakistan, Iraq, Kenya, South Africa, India, Bangladesh, Sri Lanka, Nepal, Vietnam, The Philippines, Indonesia, Thailand, Cambodia, Japan, and Korea. Our experienced Houston Vietnamese immigration attorneys are fluent in Vietnamese.  Our Houston Filipino Lawyers are fluent in Tagalog.  Also, our office also has language skills to assist clients who speak Spanish, Nepalese, and Hindu. Please contact one of our Houston Immigration Law Firm and speak directly with our U.S. Immigration Attorneys and Lawyers for a personal consultation.