Miami Employment-Based Residency / Permanent Workers
The Miami immigration attorneys at Revilla Law Firm, P.A., can assist you
with all types of Employment-Based Visas for foreign nationals seeking
employment in the United States. Please contact our immigration law office
to schedule a free in-offuce consultation with one of our Miami visa attorneys.
Initial Employment-Based Visa Opportunity Analysis
We can assist foreign nationals in analyzing employment-based visa opportunities
and plan for your potential path to residency in the United States. One
of our Miami immigration employment-based attorneys will thoroughly review
and analyze the facts surrounding your case to determine eligibility.
Employment Based Residency/Permanent Workers
Approximately 140,000 immigrant visas are available each fiscal year for
aliens (and their spouses and children) who seek to immigrate based on
their job skills. If you have the right combination of skills, education,
and/or work experience and are otherwise eligible, you may be able to
live permanently in the United States. The five employment-based immigrant
visa preferences (categories) are listed below.
EB1: Priority Workers
A First Preference applicant must be the beneficiary of an approved
Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS. Labor certification is not required for any of the
Priority Worker subgroups. Each occupational sub-group has certain requirements
that must be met.
There are three sub-groups within this category:
Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in
this category must have extensive documentation showing sustained national
or international acclaim and recognition in their fields of expertise.
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized
internationally. Applicants in this category must be coming to the U.S.
to pursue tenure, tenure track teaching, or a comparable research position
at a university or other institution of higher education.
Multinational managers or executives who have been employed for at least one of the three preceding years by
the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.
The applicant’s employment outside of the U.S. must have been in
a managerial or executive capacity, and the applicant must be coming to
work in a managerial or executive capacity.
EB2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability
A job offer is required and the U.S. employer must file an
Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a
National Interest Waiver, from the job offer and labor certification if the exemption would be
in the national interest. In this case, the applicant may self-petition
by filing the Immigrant Petition for Alien Worker, Form I-140, along with
evidence of the national interest.
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least
five years progressive experience in the profession.
Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having
a degree of expertise significantly above that ordinarily encountered
in the sciences, arts, or business.
EB3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
A Third Preference applicant must have an approved
Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer.
There are three subgroups within this category:
Skilled workers are persons whose jobs require a minimum of 2 years training or work experience
that are not temporary or seasonal.
Professionals are members of the professions whose jobs require at least a baccalaureate
degree from a U.S. university or college or its foreign equivalent degree.
Unskilled workers (Other workers) are persons capable of filling positions that require less than two years
training or experience that are not temporary or seasonal.
EB4: Certain Special Immigrants
A Fourth Preference applicant must be the beneficiary of an approved
Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S.
Government Abroad (see number 3 below).
EB5: Immigrant Investors
Immigrant Investor visa categories are for capital investment by foreign
investors in new commercial enterprises in the United States which provide
job creation. Select
Immigrant Investor Visas to learn more about this employment-based category.
Generally, a citizen of a foreign country who wishes to enter the United
States must first obtain a visa, either a nonimmigrant visa for temporary
stay, or an immigrant visa for permanent residence.
Temporary Worker Visas
Temporary worker visas are for persons who want to enter the United States
for employment lasting a fixed period of time, and are not considered
permanent or indefinite. Each of these visas requires the prospective
employer to first file a petition with U.S. Citizenship and Immigration
Services (USCIS). An approved petition is required to apply for a work visa.
Temporary Worker Visa Categories
Person in Specialty Occupation. To work in a specialty occupation. Requires a higher education degree
or its equivalent. Includes fashion models of distinguished merit and
ability and government-to-government research and development, or co-production
projects administered by the Department of Defense.
H-1B1: Free Trade Agreement (FTA) Professional -
Chile,Singapore. To work in a specialty occupation. Requires a post-secondary degree involving
at least four years of study in the field of specialization. (Note: This
is not a petition-based visa. For application procedures, please refer
to the website for the
U.S. Embassy in Chile or the
U.S. Embassy in Singapore.)
Temporary Agricultural Worker. For temporary or seasonal agricultural work. Limited to citizens or nationals
of designated countries, with limited exceptions, if determined to be
in the United States interest.
Temporary Non-agricultural Worker. For temporary or seasonal non- agricultural work. Limited to citizens
or nationals of designated countries, with limited exceptions, if determined
to be in the United States interest.
Trainee or Special Education visitor. To receive training, other than graduate medical or academic, that is
not available in the trainee’s home country or practical training
programs in the education of children with mental, physical, or emotional
Intracompany Transferee. To work at a branch, parent, affiliate, or subsidiary of the current employer
in a managerial or executive capacity, or in a position requiring specialized
knowledge. Individual must have been employed by the same employer abroad
continuously for 1 year within the three preceding years.
Individual with Extraordinary Ability or Achievement. For persons with extraordinary ability or achievement in the sciences,
arts, education, business, athletics, or extraordinary recognized achievements
in the motion picture and television fields, demonstrated by sustained
national or international acclaim, to work in their field of expertise.
Includes persons providing essential services in support of the above
Individual or Team Athlete, or Member of an Entertainment Group. To perform at a specific athletic competition as an athlete or as a member
of an entertainment group. Requires an internationally recognized level
of sustained performance. Includes persons providing essential services
in support of the above individual.
Artist or Entertainer (Individual or Group). For performance under a reciprocal exchange program between an organization
in the United States and an organization in another country. Includes
persons providing essential services in support of the above individual.
Artist or Entertainer (Individual or Group). To perform, teach or coach under a program that is culturally unique or
a traditional ethnic, folk, cultural, musical, theatrical, or artistic
performance or presentation. Includes persons providing essential services
in support of the above individual.
Participant in an International Cultural Exchange Program. For practical training and employment and for sharing of the history, culture,
and traditions of your home country through participation in an international
cultural exchange program.
Contact the Miami employment visa attorneys today for a complimentary initial
consultation in our Miami office.
Call today (305) 858-2323 or toll free (877) 854-2323.
Miami Immigration Attorneys
2250 SW 3rd Avenue, Suite 501
Miami, FL 33129
Phone: (305) 858-2323
Fax: (305) 858-2321
Feel free to email us at:
Our immigration law firm located in Miami, Florida, represents clients
worldwide, nationwide and throughout the state of Florida, including Aventura,
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the Lake Okeechobee area, FL.