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Areas of Practice: Page 2

IMMIGRANT - PERMANENT STATUS - EMPLOYMENT BASED

EB1 - First Preference
A. Persons of Extraordinary Ability
B. Outstanding Professors and Researchers
C. Multinational Executives and Managers

In these categories, the candidate can petition for permanent residency without the time consuming process of labor certification.

EB2 - Second Preference
Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability.
Visa holders under normal circumstances must have a job offer and the employer must complete the labor certification process.

The labor certification involves testing of the job market to show that the potential visa holder is not taking away a job from a U.S. worker. If the individual can show that his/her entry is in the national interest, the job offer and LC requirements can be waived.

EB3 - Third Preference
Skilled Workers, Professionals and other Workers.

Visa holders under normal circumstances must have a job offer and the employer must complete the labor certification process.

EB4 - Fourth Preference - Special Immigrants
Religious Workers, Commuters from Border, Retired G-4 (Employee of international Organizations), Returning Resident, etc. Ministers of religion are eligible for permanent residency.

EB5 - Fifth Preference - Employment Creation Investors
With the 1990 Immigration Act, Congress has kept aside up to 10,000 visas per year just for alien investors in new commercial enterprises who will create employment for at least ten individuals. There are two investor groups under the program - people who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest $1,000,000 elsewhere. Not less than 3,000 of the annual allotment of visas in this category must go to the targeted employment areas.

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The information provided above is of a general nature and may not apply to any particular set of facts and/or circumstances.  It should not be considered as legal advice and does not constitute an engagement of the firm of Watts & Watts or establish an attorney-client relationship.

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