Immigrant Visas
Employment-based Immigrant Visas
Employment-based immigrant visas are divided into two categories:
Professionals with Advanced Degrees
The professions include, but are not limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries. It also includes any occupation for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry-level employment. For members of the professions, advanced degree means any U.S. academic or professional degree (or foreign equivalent degree) above that of a baccalaureate. A baccalaureate degree plus five years of progressive experience in the profession is considered as the equivalent of a master’s degree.
Persons with Exceptional Ability in the Sciences, Arts, or Business
Exceptional ability has been defined as something more than what is usual, ordinary, or common, and requires some rare or unusual talent, or unique or extraordinary ability in a calling which, of itself, requires that talent or skill. The possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice, or certification for a particular profession or occupation, shall not, by itself, be considered sufficient evidence of such exceptional ability.
An alien will qualify for registration in this category if he or she is seeking to enter the U.S. to continue work in their field of endeavor and it is expected that the entry of the alien will substantially benefit U.S. economic, cultural, welfare or educational interests.
Do you qualify for the employment-based, second preference category? What next?
A job offer from the prospective U.S. employer is required in order to qualify for immigration in the employment-based, second preference category. The prospective U.S. employer is required to contact the local state employment office for information on filing for a labor certification to show that there are no qualified U.S. workers available for the proposed employment. If labor certification is approved, the certification is filed together with a Form I-140, Immigrant Petition for Alien Worker at the U.S. Citizenship and Immigration Services (USCIS) Nebraska Service Center.
Under certain circumstances an alien seeking employment in the exceptional ability category may qualify for a waiver of the requirement of a job offer/labor certification. In this situation the petition (Form I-140) is filed by the alien herself or himself. Further information can be obtained from USCIS.
Note: The decision on whether a person is qualified for registration in the employment-based, second preference category is made by USCIS. Please refer to the USCIS pamphlet “How Do I Apply For Immigrant Status Based On Employment?” for more information. Go to the USCIS website and search on “employment” to see the pamphlet. Embassy Amman cannot answer questions concerning eligibility to register in this category.
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