Business Immigrants

Over 100,000 aliens qualify for Immigrant visas each year through "employment based" applications. Although numerically limited, there are no backlogs for the employment based immigrants at this time. Most of these Immigrants require a job offer and an application to the Labor Department which must certify that a qualified U.S. worker is not available for the particular job. Some aliens can qualify without a job offer, or at least without a Labor Certification. Extraordinary ability aliens, such as distinguished scientists or famous writers, actors or athletes, can qualify through their own petition if they satisfy the legal criteria. Professors and researchers can qualify through an appropriate job offer without labor certification if they have "outstanding" achievements. Please see separate article on "Immigration for the Best and the Brightest." Certain multinational executives and managers do not require labor certification, but must have an appropriate job offer by their international company. Certain aliens performing work in the "national interest" do not require a particular job offer or labor certification. The alien must have an advanced degree (at least a Masters or equivalent) or be able to show exceptional ability.

In addition, we have a special category for the so called "Million Dollar Investors", sometimes referred to as the "job creation visa" because of the requirement to create ten new jobs. Certain ministers and other religious workers can qualify without obtaining a Labor Certification. Physical therapists and professional nurses are referred to as "Schedule A" occupations for which no labor certification is required, but a job offer is required.