EB-3 Skilled and Unskilled Workers and Members of the Professions:
Third preference workers (EB-3) are those individuals who at the time the petition is filed are capable of performing skilled labor that is not temporary or seasonal in nature. There must not be willing and available U.S. workers that can perform the tasks required by the employer, which means that a labor certification must be issued by the Department of Labor after the labor market has been tested by recruitment efforts. Skilled labor is defined as a job requiring a minimum of two years of training or experience.
Also falling in the EB-3 category are professionals who do not hold an advanced degree allowing them to qualify for EB-2 status. The person must be a member of the professions and hold at least a baccalaureate degree or its foreign equivalent.
Finally, the EB-3 category allows for unskilled workers who are sought for positions that are neither temporary nor seasonal in nature and do not require two years of experience as a minimum qualification. Only 10,000 unskilled worker visas are available per year.
A labor certification is a requirement for all of the above EB-3 categories.
EB-4 Ministers, religious workers and other categories:
Falling into the fourth preference are people who are ministers of religion and certain religious workers. The individual must have been a member of the denomination which has a bona fide nonprofit religious organization in the U.S.. The individual must be entering the U.S. solely to carry on the work of a minister of a religious denomination, or to work for the organization in a professional capacity in a religious vocation or occupation. The individual must have been carrying out their work for a two year period prior to application.
The organization must adequately show its nonprofit status by filing proof that the IRS recognizes the organization as a nonprofit religious organization. Sometimes when a church is far down the line from the U.S. parent it may be the parent that has proof of nonprofit status. In that case the link between the church and the parent in the U.S. must be fully documented or the application will fail.
There are also a host of other classifications in the EB-4 category that includes returning residents, Panama Canal Treaty employees, etc.. You should speak with an attorney to determine whether you qualify for any of these alternative categories.
EB-5 Employment Creation Investors:
This category allows for conditional residence in cases where a person invests $1 million in a new commercial enterprise after November 29, 1990, and employs 10 U.S. citizens or individuals authorized to work in the U.S. on a full time basis. The individual must be involved in the business through day-to-day involvement at a policy formation level. In certain circumstances the level of investment can be $500,000.
For EB-5 status it is a requirement that the investor invest in a “new commercial enterprise”, which is defined as a business created after November 29, 1990. The EB-5 candidate does not need to have established the business on their own. A restructured business established before November 29, 1990, can be considered a new commercial enterprise if the business has been restructured in such a way that a new commercial enterprise results, or it has expanded and resulted in a substantial change in the net worth of the organization or in the number of employees.
If you are interested in the EB-5 category then please contact us to discuss it further.