Employment-Based Visas in Baltimore

Second Preference: Professionals Holding Advanced Degrees and Aliens of Extraordinary Ability

In order to qualify for an employment-based visa in this category, an individual must hold an advanced degree or the equivalent or have an exceptional ability. Those applying for this category must have a labor certification. However, if the individual has exceptional ability in science or the arts and is outstanding in their field, they may be exempt from labor certification by the Department of Labor under Schedule A. In order to qualify in this category, the individual must have earned a bachelor’s degree, master’s degree, or an advanced degree, as well as have five years or more of experience in their field with increasing responsibility. The individual can also qualify if they have exceptional ability in science, business, or the arts. If the work of the individual is found to benefit the national interest of the United States, the individual may qualify for a waiver of the labor certification requirement.

Third Preference: Skilled Workers, Professionals Holding Basic Degrees, and Other Workers

Under the third preference, foreign nationals must be professionals with bachelor degrees, skilled workers with a minimum of two years of training or experience and must not be seasonal or temporary workers, or other workers such as unskilled laborers. If an individual is petitioning for an employment-based visa under the third preference, they will need a labor certification.

Fourth Preference: Special Immigrants

Special immigrants are categorized as some medical doctors who have continuously practiced in the United States since 1987, battered spouses, religious workers, and United States government workers abroad. In order to qualify for this preference, the individual is not required to obtain a labor certification.

Fifth Preference: Immigrant Investors

A foreign national who invests one million dollars in a U.S. commercial enterprise with at least 10 full-time United States workers can obtain this type of employment-based visa. Additionally, if a foreign national invests at least 500 thousand dollars in targeted employment areas can also qualify for this visa. However, the investment must last for at least two years before the investor can obtain their visa, and passive investments do not qualify. Furthermore, the petitioner of the visa must actively participate in the management of the business, but no offer of employment or labor certification is required.