The Employer must submit and be approved for a Labor Certification application (LCA) from the U.s. Department of Labor. Form I-140. Immigrant Petition for Alien Worker. Other forms may be required from the D.O.L.
The prospective employee must meet certain criteria under the employment based visa. There are four categories which have been mandated by congress.
- EB1 Priority workers - those with extraordinary abilities in education, science, athletics or arts including professors and researchers.
- EB2 Professionals with advanced degrees or because of their exceptional abilities will substantially benefit the national economy, cultural or educational interest and welfare of the United states.
- EB3 Professional or skilled workers who have at least 2 years of experience or training to work in areas where no qualified workers are available in the United States.
- EB4 Special immigrants - Religious workers, Certain physicians, Panama Canal Company, Government or Zone employees
Waiting periods vary for foreign nationals. Standards are based on demand and limits of people per country. For additional information contact the Employment-based visa department, 1-800-357-2099.
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