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#5
10-30-2007, 09:13 PM
Senior Member
Joined in Jun 2007
2,690 posts
CIR_DREAM2009
Posted by me:

Quote:
(disclaimer: I am not a lawyer and I am just describing the EB visa system)

I know a bit about EB (employment based) visas. There are five EB visa categories and all require a sponsor (like a company) willing to sponsor you. You will need 245(i) to adjust your status inside the US.

EB 1 - For special people like people in the national interest or extremely talented people like sports stars, movie stars, or foreign CEOs.

EB 2 - For those with a masters degree or higher and have a sponsor lined up

EB 3 - For skilled professionals who have found a sponsor

EB 4: For special immigrants according to the State Department (ex. religious workers)

EB-5 - For rich people who invest in special areas (I heard somewhere its 500 K and hire 10 citizens - not sure about that though)

The DOL makes your employer advertise about the job opening and after a certain period of time and no Americans have applied and/or are qualified, then the DOL approves the application. Im sure immigration has to sign off on it as well. Currently, there are no backlogs with EB 1 and EB 2 categories but there has been a major backlog with the EB 3 category. Check with your individual country though to see which one is current. Usually, countries like China, India, and Mexico are always backlogged.

Nurses and physical therapists in the EB 3 category can skip the lengthy DOL process and can get their green cards right away. But there has been a backlog on the EB - 3 category. Fortunately, the Congress approved 61,000 recaptured visas for these professions. It was attached to the Labor/HHS bill, but there is a looming budget battle that could delay this law.

Again, you will need 245(i) to use the EB visa system.
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