Visas
Employment Based Visas
PROFESSIONALS HOLDING ADVANCED DEGREES, OR PERSONS OF EXCEPTIONAL ABILITY IN THE ARTS, SCIENCES OR BUSINESS
2. Professionals holding advanced degrees, or persons of exceptional ability in the arts, sciences or business, employment second preference, receive 28.6 percent of the yearly worldwide limit, plus any unused employment 1st preference visas. All 2nd preference applicants require an approved I-140 visa Petition. There are two subgroups within this preference category:
I. Professionals holding an advanced degree (beyond a baccalaureate degree) or a baccalaureate degree and at least five years progressive experience in the profession.
II. Persons with exceptional ability in the arts, sciences, or business. Exceptional ability refers to persons who have a degree of expertise significantly above the ordinarily encountered within their field.
All such applicants must have a Labor Certification approved by the U.S. Department of Labor, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, along with evidence of the national interest.
Labour certification
A person whose occupation requires a labor certification must have prearranged employment in the United States.
Individual Labor Certification: The applicant must complete form ETA-750B, Statement of Qualifications of Alien, and send this completed form to the prospective employer who completes form ETA-750A, Application for Alien Employment Certification, Offer of Employment. The prospective employer submits both forms to the local office of the States Employment Service in the area in the United States where the work will be performed. The employer will then be notified by the appropriate regional office of the U.S. Department of Labor of its approval or disapproval. If a labor certification is granted, the employer may then file a form I-140, Petition for Prospective Immigrant Employee, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.
Schedule a Designation: The Department of Labor has made a schedule of occupations for which it delegates authority to the U.S. Citizenship and Immigration Services (USCIS) to approve labor certifications. Schedule A, Group I, includes physical therapists and nurses. Schedule A, Group II includes aliens of exceptional ability in the arts (except performing arts) and sciences. To apply for Schedule A designation, the employer must submit a fully executed uncertified Form ETA-750 in duplicate to the Immigration and Naturalization Service with the I-140 petition.
Labor Market Information Pilot Program: The Immigration Act of 1990 provides for the U.S. Department of Labor to establish a Labor Market information Pilot Program which will define up to 10 occupational classifications in which there are labor shortages. For aliens within a listed shortage occupation, a labor certification will be deemed to have issued for purposes of an employment-based immigrant petition. The U.S. Citizenship and Immigration Services (USCIS) will provide further information when the program is in effect.
New Immigrants
Learn more about the rights and responsibilities of lawful permanent residents in our new pamphlet entitled
“Now That You Are A Permanent Resident”