Employment based Immigration

There are four different categories of employment based USA visas that are synonymous with USA permanent residence (acquisition of a green card). Such categories of visas are referred to as the EB preference system. There is a numerical limit on employment based visas being 140,000 per year. It should be noted that these visas allow their beneficiaries to live and work in the USA on a permanent basis.

(a) The EB-1 visa- Extraordinary Ability Visa

This visa is suitable for persons of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; and certain multinational executives and managers. One does not need a job offer or a sponsor to qualify for this category. However the applicant must prove that he/she has a one-time achievement, namely a major internationally recognized award or at least three of the following: receipt of a lesser nationality or internationally recognized prizes; membership in associations which require outstanding achievements; published material about the applicant in professional publications; original scientific, scholarly, artistic, athletic or business-related contributions; authorship of scholarly articles; performed a leading role for organizations and establishments; commanded a high salary; and is/was a commercial success in the performing arts.

Up to 40,000 visas per year may be issued in this category.

(b) The EB-2 visa-National Interest Waiver/Exceptional Ability Visa 

This visa is suitable for applicants with advanced degrees and with exceptional ability whose employment in the USA would be in the national interest of the country. If the applicant can satisfy three of the following criteria he/she may qualify: possesses an official degree, diploma, certificate or academic record from a recognized institution relating to the area of exceptional ability; provide evidence from current or former employers showing ten years of experience in this field; possess a license or certificate authorizing practice in his/her profession; can prove that his/her salary proves exceptional ability, membership in a professional association; proof of recognition of achievements and contributions to the field or industry by peers, government entities or professional organizations; and further evidence that is specific to the field of expertise. In most instances, an EB-2 visa must be accompanied by a labor certificate obtained from the Department of Labor and this requires sponsorship by the US employer of the applicant.

Up to 40,000 visas per year may be issued in this category.

(c) The EB-3 visa-Skilled Workers, Professional Workers and other Work visa 

An applicant who is a professional worker must prove that he/she has a degree sufficient to meet the requirement of his/her occupation and is a member of his/her professional organization. A skilled applicant must prove that he/she is capable at the time of the filing of the petition of performing skilled labor requiring at least 2 years training or experience (not of a seasonal or temporary nature). Post-secondary education may be considered relevant for this visa. An applicant who is classified as an “other worker ” possesses training and/or experience in a skill that is in short supply in the USA. For an EB-3 visa to be processed a labor certificate must be obtained from the Department of Labor and this requires sponsorship by the US employer of the applicant.

Up to 40,000 visas per year may be issued in this category.

(d) The EB-4 visa -Special Immigrants/Religious Workers visa 

Certain religious workers, ministers of religion, people working in professional position or those working in a religious vocation or occupation are suitable candidates for this visa. The applicant must possess a bachelor degree and have worked in the religious organization for two years before admission into the USA.

Up to 10,000 visas per year may be issued in this category.

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You may be eligible for a number of different visa categories. Each visa category has different requirements and obligations so that it is best to seek professional advice in order to select the visa most beneficial and suitable to your circumstances.

Kangaroo Migration Services is a company that has for many years dealt with and continues to deal with immigration and the obtaining of all types of visas (short term and long term) to the USA.

Please feel free to contact us to discuss with our representative the options available to you and/or to complete our questionnaire and send it to us.

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