Employment Based Immigration

Interestingly, this area does not require a Labor Certification. A description of the type of employment included in this preference is the following: either a Religious Worker or a Special Immigrant. Both must meet the requirements in their respective categories to be granted an Employment-Based Immigrant Visa.

Religious Workers - Immigrants in this category must meet the following requirements:

• Member/Minister of religious denomination that:
• Is a recognized form of worship with standards of officers/ministers;
• Is a bona fide group in the US;
• Has a non-profit status in the US, or reasonably similarly registered entity;
• Full-time job offer to work in a religious occupation; and
• Full-time work in a religious organization for two years continuous work prior to application.

As you can see, these requirements leave some room for argument before the INS. It is not intended to study these elements in detail here. If you fall into this category and your eligibility is not clear from this discussion, it is advisable to consult with an immigration expert to see if the particular facts of your case will provide clarification. It is only in this way that an immigrant will be able to determine if they should apply, or if their application would be fruitless.

Special Immigrant - This category, simply stated, includes those immigrants that are related to a person who either is or has been an employee of an international organization. This category can include sons and daughters, surviving spouses, and retired employees. There are specific requirements for residency and physical presence in the US. There are also some age requirements in these categories. Certain medical graduates and employees or relatives of employees under the Canal Zone category are also included [it is best to consult the US Code, or an experienced immigration attorney prior to making any determination about a particular fact situation.]

Revocation of a Petition Based on Any of the Employment-Based Preferences

Employment Based Immigration

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Sections Available in Immigration

Family Based Immigration Employment Based Immigration Non-Immigrant Visas