To be eligible for an immigrant visa, you must be the beneficiary of an approved petition. The same applies for employment-based immigrant visas. To be eligible for immigrant status under the employment-based category, you must be the beneficiary of an approved petition from a prospective employer. The employer must file an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.
Every fiscal year, approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.
FIRST PREFERENCE IMMIGRANT STATUS
You may be eligible for first preference immigrant visa status, if you fall under any of the above categories:
- A person with extraordinary ability or EB1A Visa;
- An Outstanding professors and researchers or EB1B Visa; and
- Certain multinational executives and managers or L1 Visa.
All applications for status in the above-mentioned categories must be commenced by a Petition. Persons with extraordinary ability may file petitions with DHS on their own behalf. Outstanding professors and researchers as well as certain multinational executives and managers must be beneficiaries of approved petitions filed by the employer.
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