Legislation on Work Related Visa Sponsorship
The Immigration and Nationality Act (hereinafter the Act) provides five employment based immigration “preference” categories under which a foreign worker may qualify for permanent residence in the United States.
Preference Categories for Work Related Visa Sponsorship
The five preference categories include: priority workers (First Preference); workers with advanced degrees and those of exceptional ability (Second Preference); skilled workers, professionals, and other workers (Third Preference); certain special immigrants, including religious workers (Fourth Preference); and employment creation (Fifth Preference).
The Act allocates 140,000 employment-based visas per year. 28.6% of the 140,000 total visa numbers (40,000) are allocated to each of the first three preference categories and 7.1% of the 140,000 total (10,000) are designated for each of the last two preferences. The American Competitions in the Twenty First Century Act now provides that if, in a calendar quarter, there are more visas available in all the employment based preferences than the number of qualified individuals who may be issued such visas, then, the visas may be made available without regard to country of origin of the per-country ceilings for employment based first, second, and third preference cases.
Please contact one of our attorneys if you would like more information about how to apply for an employment based immigration visa under one of these five preference categories.