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New fiscal year brings new allotment of employment based visas

New fiscal year brings new allotment of employment based visas

The government’s fiscal calendar does not actually follow the calendar that most people follow. That is, Oct. 1 is effectively New Years Day, when it comes to employment-based visas in the United States. As the beginning of fiscal year 2012, Oct. 1 marks the day that the new slate of allotted employment-based visas became available.

The U.S. government makes roughly 140,000 employment-based immigrant visas available to qualified visa applicants each fiscal year. The visas are divided into five separate categories known as preferences under immigration law.

EB-1 Visas

An EB-1 visa is the first category of employment-based immigrant visas and covers what the United States Citizenship and Immigration Services calls “priority workers.” Immigrants who may qualify for an EB-1 visa typically fall into one of three areas of expertise:

  • Immigrants with extraordinary ability in science, the arts, education, business or sports. Extraordinary ability must be recognized at the national or international level
  • Outstanding researchers and professors may also qualify for an EB-1 visa based upon international recognition and at least three years of experience
  • Multinational managers or executives of affiliates, subsidiaries, or other specified affiliations with a U.S. business

EB-2 Visas

The employment-based second preference level visas are directed toward immigrants who are:

  • Professionals with advanced degrees
  • Persons with exceptional abilities in areas such as the arts, sciences or business

EB-3 Visas

The employment-based third preference category covers:

  • Skilled workers
  • Professionals
  • Unskilled workers

EB-4 Visas

The employment-based fourth preference category covers certain special immigrants, including broadcasters, religious ministers, certain former employees of the U.S. government and others.

EB-5 Visas

This blog has carried several stories regarding the EB-5 visa. The visas are set aside for immigrant investors and entrepreneurs. Applicants may be able to obtain a two-year provisional green card under the EB-5 program through investing between $500,000 and $1,000,000 in an enterprise which creates at least 10 full-time jobs over 2-years.

Many employment-based visas require a business sponsor. Individuals or Florida businesses interested in the immigrant visa programs can speak with an experienced business immigration attorney to learn what steps are necessary to secure an employment-based visa under immigration law.

Source: Bureau of Consular Affairs, “Employment-Based Immigrant Visas.”