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Permanent Visa


  • Extraordinary individuals
  • Outstanding Researchers
  • National Interest Waivers
  • Labor certification
  • Family immigration
  • Lottery

Employment Based Categories


EB1 First Preference:

a. An alien of extraordinary ability in sciences, art, education, business or athletics proven by sustained international or national acclaim.
b. An outstanding professor or researcher with at least three (3) years experience in teaching or research
c. Certain multinational executives or managers

EB2 Second Preference:

A professional holding advanced degrees or exceptional ability in science, arts, education, business or athletics. Waiver of requirement of job offer available for certain aliens of exceptional ability.

EB3 Third Preference:

A skilled worker/labor certification (at least two years experience or training); a professional with baccalaureate degree or equivalent experience in short supply in U.S.
– Form ETA 750 A and B
– Form I-140

EB4 Fourth Preference:

Minister of religion or Religious Worker

EB5 Fifth Preference:

Millionaire Investor – Investment of $1,000,000 or 500,000 dollars targeted high unemployment areas.

Employment Based Categories

EB1 – First Preference

a. An alien of extraordinary ability in sciences, art, education, business or athletics proven by sustained international or national acclaim.
An “Extraordinary Ability” alien can self-petition to obtain this visa when the following requirements are present:

The alien possesses a level of expertise indicating that he or she is one of the small percentage who have risen to the very top of a field of endeavor (8 CFR Section 204.5 (h) (2));

The alien has sustained national or international acclaim and his or her achievements have been recognized; if this is not the case, one should consider the second employment-based (EB-2) preference for a person of “exceptional ability” whose admission is in the “national interest”;

Three of the following ten criteria must be met or an explanation of why the criteria do not apply, with supporting evidence:
(8 CFR Section 204.5 (h) (3) (i-x):

  1. Receipt of lesser nationally or internationally recognized porizes or awards;
  2. Membership in associations;
  3. Published material;
  4. Judge of the work of others in the same or an allied field;
  5. Original scientific,, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  6. Authorship of scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  7. Display of the alien’s work;
  8. Has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  9. Has commanded a high salary;
  10. Commercial successes in the performing arts

Additional criteria and evidence:

  1. Is at the top of the field;
  2. Expert testimony;
  3. Testimony from a federal or state government agency;
  4. Testimony from prominent professors, professional or trade associations, successful business people and prospective employer;
  5. Letter submitted by counsel with petition explaining in detail why the applicant qualifies as a person of extraordinary ability and how he or she meets the regulatory standards


First Preference

To qualify applicant must have ten years of experience met through a combination of teaching and research. The Immigration and naturalization Service also allows research or teaching experience gained while working on an advanced degree to count toward the three-years’ experience requirement, provided the alien actually acquired the degree.

To qualify as an outstanding professor or researcher, the alien must be coming to the United States to conduct teaching or research at a university in a tenured, tenure-track, or comparable position, or to fill a similar high-level research position with a private employer.

In recognition that many research positions at universities are not tenured or tenure-track positions, the Immigration and naturalization Service rules permit a job offer to qualify for first preference consideration of the university offering a “permanent research position” to the alien.

A “permanent” position is one which is for a term of indefinite or unlimited duration and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

b. Certain multinational executives or managers

This visa is highly recommended because after a year of substantial business activity a corporation can petition for Corporate Executive or manager for a “Green Card”.

A Corporate Executive or manager can transfer to the United States to engage in a position involving executive, managerial or specialized skills.
The employer must be transferring him to a subsidiary or branch of the parent company and he must have at least one year’s experience with the parent company before he is eligible for a transfer.


Parent Company:
  1. Certified copy of current individual and corporate tax return
  2. Documentary evidence showing a number of employees at the foreign location and nature of business
  3. Current financial statements
  4. Documentary evidence showing address of foreign company
  5. Articles of incorporation of foreign firm
  6. Current corporate financial statement
  7. Bank letter (evidence to show that the foreign firm is presently in operation and viable)
  8. Invoices, brochures, contracts, etc.
  1. License/permits to operate a United States company
  2. Lease/deed for United States premises
  3. Employer’s wage and tax report and copy of quarterly income tax return for United States location (Form 1120 and Form 941)
  4. Stock certificate or documentary evidence showing the exact ownership of the United States and foreign company and evidence establishing the claimed affiliation. The foreign corporation or parent must own over fifty-one (51%) percent of the shares of the U.S. corporation
  5. Bank letter (evidence showing authorization and/or transfer of funds to the United States from the foreign branch). (Proof of one year business activity)
  6. Articles of incorporation and State Charter Number
  7. Current financial statement
  8. Invoices, brochures, contracts, etc.

Employment Based Categories
EB2 – Second Preference

Exceptional Ability (Self-Petition)
  • limited to those working in the sciences, arts, or business (8 CFR Section 204.5 (k) (3)),
  • exceptional ability which is beneficial to the U.S. economy,
  • evidence of three of the following six criteria must be presented: (8 CFR Section 204.5 (k)(3)(ii)),
  • academic record showing the alien has a degree relating to the area of exceptional ability,
  • letters from current or former employers showing alien has at least ten years full-time experience in the occupation for which he or she is being sought,
  • license to practice the profession,
  • evidence alien has commanded a salary demonstrating exceptional ability,
  • membership in professional organizations,
  • recognition of achievements by peers, governmental entities, or professional or business organizations
    Additional criteria and evidence:
  • prominent expert testimony about the applicant’s outstanding work and attributes.
National Interest:

Applies to professionals with advanced degrees and people of exceptional ability who seek waivers of the job offer requirement if their immigration could be deemed in the “national interest”.

Employment Based Categories

EB4 – Fourth Preference
Minister of Religion or Religious Worker

An alien who, for at least the two (2) years immediately preceding the time of application for admission via Form I-360, has been a member of a religious denomination having a bona fide non-profit religious organization in the United States, may be admitted temporarily to the United States to carry on the activities of a religious worker for a period not to exceed five (5) years.

The alien must be coming to the United States for one of the following purposes: solely to carry on the vocation of a minister of the religious denomination; to work for the religious organization at the request of the organization in a professional capacity, or to work for the organization, or a bona fide organization which is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation.

  1. Certification of the alien’s status as minister, priest, rabbi, etc,
  2. Certification of alien’s membership in the denomination,
  3. Proof of the non-profit status of the religious organization.
Additional criteria and evidence:
  1. Financial report of the religious organization,
  2. Photographs of religious services showing alien’s presence,
  3. Statements of religious work experience,
  4. Certification of alien’s membership and work in the religious organization or denomination.

Employment Based Categories

EB5 – Fifth Preference

The “Investor Visa” is also known as the “Millionaire Visa” and is one of the “employment creation” visas because its purpose is to permit investors to immigrate to the United States to enhance employment opportunities for United States workers.

General Requirements:

An investment of $1,000,000.00 or more and the employment of 10 or more U.S. workers; or an investment of $500,000.00 or more and the employment of 10 or more U.S. workers when the location of the investment is in a targeted employment area, e.g. Dade County, Fl. (i.e. Miami, Fl.).

Investor Visa Checklist:
  1. The investor must have invested or be in the process of actively investing the required amount (one million or $500,000.00,
  2. The investment must benefit the U.S. economy,
  3. The investor must have at least 10 workers (or in the process of hiring), depending on the investment amount; a qualifying investor will receive a two year conditional residency, which thereafter can be converted to a permanent residency upon proof of continued business activity by commercial enterprise.
New Commercial Enterprise:

To procure an employment creation visa, it is required that an alien establish a “new commercial enterprise” in one of the following ways:

  • starting an original and new business,
  • purchasing an existing business and restructuring its operations or organization enough to create a new business or
  • expansion of an already existing business within the U.S.


Immediate Relative

Spouse, children and parents of U.S. citizen (no limitations on visa issuance)


Unmarried sons or daughters (over 21 years) of U.S. Citizens


a. Spouse and children of lawful Permanent Resident Alien;
b. Unmarried sons or daughters, any age, of Lawful Permanent Resident Alien


Married sons or daughters of United States Citizen.


Brothers and sisters of adult United States Citizens

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