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Besides immigration through
family members, the other method persons can obtain legal
residence in the United States is through employment, usually
a job sponsor. Presently, the United States provides 140,000
employment-based visas to immigrants. These employment-based
visas consist of the following categories:
- First Preference: Up to 40,000 visas
a year may be issued to priority workers. People who have
extraordinary ability or who are outstanding
professors and researchers and in their field certain
multinational executives and managers fall into this
category. In addition, any visas left over from the fourth
and fifth preferences (see below) are added to this category.
- Second Preference: Up to 40,000 visas
a year (plus any visas left over from the first preference)
may be issued to persons who are members of the professions
holding advanced degrees or aliens of exceptional ability
in their field.
- Third Preference: Up to 40,000 visas
a year (plus any visas left over from the first and second
preferences) may be issued to skilled workers, professionals,
and other workers. The other workers category covers workers
who are capable of performing unskilled labor,
and who are not temporary or seasonal. Workers in this
category are limited to 5,000 visas per year. Skilled
workers must be capable of performing skilled labor requiring
at least two years training or experience.
- Fourth Preference: Up to 10,000 visas
a year may be issued to certain special immigrants, including
ministers, religious workers, former U.S. government employees
and others.
- Fifth Preference: Up to 10,000 visas
a year may be issued to persons who have between $500,000
and $3 million to invest in a job-creating enterprise
in the U.S. At least 10 U.S. workers must be employed
by each investor. The amount of money can vary depending
on which area of the country will benefit from the investment.
If the investor fails to meet the conditions specified,
he or she can lose permanent resident status.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737.
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