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by Attorney Allen E. Kaye

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How to Immigrate to the United States? Part I

RULES AND REGULATIONS PERTAINING TO THE EMPLOYMENT BASED IMMIGRATION CLASSIFICATIONS

FAM09-42.32(a) FIRST PREFERENCE - PRIORITY WORKERS
(1)  Entitlement to Status
An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

(2)  Entitlement to Derivative Status
Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of a employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

RELATED STATUTORY PROVISIONS
(1)  PRIORITY WORKERS.--Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following paragraphs (A) through (C):

(A)  ALIENS WITH EXTRAORDINARY ABILITY.--An alien is described in this subparagraph if-
(i)  the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(iii)  the alien's entry into the United States will substantially benefit prospectively the United States.

(B)  OUTSTANDING PROFESSORS AND RESEARCHERS.--An alien is described in this subparagraph if-

(i)  the alien is recognized internationally as outstanding in a specific academic area,

(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

(iii)  the alien seeks to enter the United States-

(I)  for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

(II) for a comparable position with a university or institution of higher education to conduct research in the area, or

(III)  for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

(C)  CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS.--An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

Allen E. Kaye
Law Offices of Allen E. Kaye, P.C.
11 Park Place, Suite 1715
New York, NY 10007
Tel. 212-964-5858, or 1-800-8US-VISA (1-800-887-8472)
Fax: 212-608-3734
allenekaye@compuserve.com
Law offices of Allen E. Kaye represents clients in U.S.Immigration, Naturalization, Visa and Consular cases before the U.S. Immigration Service nationwide and before American Consulates worldwide including India, Pakistan and Bangladesh. 
Send stamped self-addressed envelope for free copy of the monthly visa availability chart with explanation of categories and/or article on alien physicians and H1-B visas.

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