Chances to Apply for an Immigrant Visa through Employment
For the eligible persons who is currently in the U.S., may have a chance to reside in the U.S. in the future if they meet specific requirements. This is also known as an immigrant petition for alien worker through U.S. employer, and the employer must file the petition through Department of Labor and USCIS for their prospective employees who are in overseas or in the U.S.
Although there are many steps with complicated processes involved, the eligible person should take this chance before leaving the U.S. if their immigration statuses are legal or leaving the U.S. soon for several reasons. The first step is: the interested person must apply job position through U.S. employer.
The following links are examples to find a job from the prospective U.S. employer.
https://www/indeed.com
https://www.glassdoor.com
U.S. petitioner must file Form I-140, Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS) for an employment-based immigrant visa. Generally, there are seven categories in the employment-based petitions: however, most applicants can fit the job’s requirements easily for the following four categories. Today, I will be discussing one of those categories and other categories will be discussed in the next postings.
Filing for a member of the professions with an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States —-> E21
General requirements to meet above category (E21)
An official academic record showing the alien has a U.S. advanced degree or an equivalent foreign degree, or an official academic record showing the alien has a U.S. baccalaureate degree or an equivalent foreign degree and letters from current or former employers showing the alien has at least five years of progressive post baccalaureate experience in the specialty; or
The applicant must meet at least three of the following:
An official academic record showing the alien has a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability
Letters from current or former employers showing the alien has at least 10 years of full-time experience in a particular occupation
A license to practice the profession or certification for a particular profession or occupation
Evidence that the alien has commanded a salary or other compensation for services demonstrating exceptional ability
Evidence of membership in professional associations; or
Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence to establish the alien eligibility.
What evidence is required for this category?
U.S. employer filing for a professional (Part 2., Item Number 1.e. on Form I-140) must include:
A labor certification (see Item 1. in the General Evidence section of these Instructions)
Evidence that the alien holds a U.S. baccalaureate degree or equivalent foreign degree; and
Evidence that a baccalaureate degree is required for entry into the occupation.
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
