EB-1/EB-2/EB-3/EB-4/EB-5 (Employment Preference)

Immigration law in Denver, Colorado

In some cases, foreign workers with special talents can circumvent the arduous Labor Certification process and obtain a permanent residence visa through Employment Preference categories. These visas are designated for the following people:

Individuals of Extraordinary Ability

This refers to people who have outstanding qualifications in the sciences, arts, education, business, or athletics.

Applicants must have extensive documentation showing sustained national or international acclaim in their field

or:

A degree or expertise significantly above that of others in their field

In some cases, applicants must have a job offer. In others, they need only show they are entering the U.S. to continue work in their field.

Outstanding Researchers and Professors

Applicants must show at least three years experience in teaching or research, and be recognized internationally for their achievements.

They must have a job offer to qualify for this visa

Multinational Managers and Executives

Certain executives and managers who have been employed for at least 1of the 3 preceding years by an overseas affiliate, parent, subsidiary or branch of a U.S. employer can get an E1 visa to work for the U.S. company as a manager or executive.

Professionals with Advanced or Bachelor's Degrees

If these individuals have a job offer or work in a field where there is a labor shortage, they may qualify for an E2 or E3 visa.

Individuals Whose Work is in the National Interest

Applicants who have an advanced degree and can show that their work is in the national interest may qualify for an E2 visa.

Employment Creation Investors

People who invest $1 million (or $500,000 in certain high-unemployment areas) in a U.S. commercial enterprise that creates at least 10 new full-time jobs may qualify for an E5 visa.

Religious Workers

If you are working:

As a minister;
Professionally in a religious vocation; or
At a tax-exempt organization affiliated with a religious denomination

you may qualify for an E4 visa.

Skilled Workers

People with at least two years training or experience in a skilled job may qualify for an E3 visa.

Other workers

Under the right circumstances, you might qualify for an E4 visa if you are:

An overseas employees of the U.S. government
A former employee of the Panama Canal Company
A retired employee (or a dependent of one) of an international organization
A members of the U.S. Armed Forces

EB-5 Investor/Employment Creation Visas

People who invest $1 million (or $500,000 in certain high-unemployment areas) in a new commercial enterprise that creates at least 10 new full-time jobs may qualify for an EB-5 visa. Investors must show that they have invested, or are in the process of investing capital that will create 10 full-time positions in the United States. Investors must show the legitimate source of their funds, and show that their investment is at risk.

In addition to starting their own company, an entrepreneur can invest through the "Regional Center" program. Individuals invest in a large project that has been reviewed by the USCIS in advance and approved by the Investor unit. The Regional Centers are approved by showing that the investment will directly or indirectly create a number of jobs by promoting economic growth in the region. There are several approved regional centers throughout the country, each of which has different structures, features and rates of return. These programs are generally open to accredited investors, and as with any investment, potential investors should thoroughly explore all options before investing.

Successful immigrant investors and their family members will be granted conditional permanent residence, and will need to petition to have the conditions removed just before the two-year anniversary of the grant of conditional status. The investor must show that the funds were, or are currently invested, that the investment has been sustained, and that they have met the employment-creation requirements with their investment.

If you have an offer for a job in which there is a labor shortage, and you can fill a position requiring less than two years training and experience, you may be able to qualify for an E3 visa.