An Immigrant Visa Based on Employment

U.S. employers are able to petition for immigrant visas on behalf of prospective employees based on an offer of employment which meets certain requirements. The petition form is known as Form I-140 and is filed with the U.S. Citizenship and Immigration Services (USCIS).

Information on the form itself is instructive. The form mentions six different types of qualifying positions. Quoting from the form:

1. An outstanding professor or researcher, with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding:

A. In a tenured or tenure-track position at a university or institution of higher education to teach in the academic area; or

B. In a comparable position at a university or institution of higher education to conduct research in the area; or

C. In a comparable position to conduct research for a private employer that employs at least three persons in full-time research activities and which achieve documented accomplishments in an academic field.

2. An alien who, in the three years preceding the filing of this petition, has been employed for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive.

3. A member of the professions holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

4. A skilled worker (requiring at least two years of specialized training or experience in the skill) to perform labor for which qualified workers are not available in the United States.

5. A member of the professions with a baccalaureate degree.

6. An unskilled worker (requiring less than two years of specialized training or experience) to perform labor for which qualified workers are not available in the United States.

Note the varied qualifications. Encompassed are skilled and unskilled workers, professionals, professors and researchers. Also of interest to international companies is the opportunity to transfer employees working outside the United States to a position within the United States if, during the three year period prior to filing, the employee worked for at least one year with the organization and will enter the United States to render those same services. Such services are executive or managerial in nature.