______________________________________________________________________BUSINESS IMMIGRATION
There are five basic categories of employment and investment based immigration preferences.
I. First Preference group includes:
- Workers of extraordinary ability
- Outstanding academics and researchers
- Certain transferring multinational executives and managers
No labor certification is required for this preference group.
Worker of extraordinary ability means that the individual is “one of that small percentage who have risen to the very top of the field of endeavor.”
II. Second Preference group includes:
- Members of the professions with advanced degrees or their equivalent
- Persons of exceptional ability in the sciences, arts, or business needed in the United States for that ability
Generally, a job offer and a labor certification are required for this category. However, USCIS may waive a job offer and labor certification requirements in the national interest.
(1) Professional with advanced degree
- The professional must have a master's or doctorate degree or foreign equivalent.
- "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.
- Licensure is not ordinarily required unless stipulated by the labor certification.
- The substitute for a master's degree can be a bachelor's degree plus at least five years of progressive professional experience;
(2) Person of exceptional ability
- "Exceptional ability" is defined as ''a degree of expertise significantly above that ordinarily encountered in the sciences, art, or business."
- The exceptional ability must be in the sciences, art, or business, including the fine arts and industrial arts, as well as athletics.
III. Third Preference group includes:
(1) professionals (for positions requiring at least a baccalaureate);
(2) skilled workers (for positions requiring at least two years of experience); and
(3) other workers (for jobs requiring less than two years of experience).
This category requires a job offer and labor certification that cannot be waived.
To be considered a skilled worker the beneficiary must be sought for a job that requires at least two years of training or experience, and must have that training or experience.
For professionals, a university degree must be the normal entry requirement into the profession, and the foreign national must have that degree or its foreign equivalent.
IV. Fourth Preference group includes:
( 1) ministers of religion,
(2) professionals employed in a religious vocation or occupation, and
(3) others working in a religious vocation or occupation.
The labor certification requirements do not apply.
In each of the three subcategories, the applicant, for at least two years before filing, must have been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States and during that period must have been continuously "performing the ministry, vocation, professional work, or other work''.
V. Fifth Preference group includes:
Investors
The applicant must invest or be in the process of investing capital of at least $ 1 million in a U.S. enterprise that will create at least 10 jobs or at least $500,000 if the subject of investment is located in a rural or high-unemployment area.
Capital need may be in cash, equipment, inventory, or other tangible property.
The investor may establish a qualifying business by buying and restructuring an existing business; or expanding an existing business by certain percentage; or investing in a ''troubled business".
The jobs created must be full-time jobs for U.S. employees.
The investor must document that the capital invested has been legally obtained.
