JERRY C. CHANG LAW OFFICE, P. C.

¹for adversely affected countries
²families of legalized aliens

*** Visa quota for employment-based immigrants prior to Oct. 1, 1991: 3rd - 27,000; 6th - 27,000

1. Family-Sponsored Immigrants

1st preference: unmarried, adult sons and daughters of citizens. Adult means 21 years of age or older. (23,400 plus spilldown from 4th preference)

2nd preference: (a) spouses and minor children under 21 and (b) unmarried sons and daughters of permanent residents (114,200 visas plus excess over the 226,000 floor plus spilldown from 1st preference from 1st preference -- but at least 77% of the visas must go to spouses and minor children, 87,934 minimum) (old quota for 2nd preference: 70,200)

3rd preference: married sons and married daughters of citizens (23,400 plus spilldown from 1st and 2nd preferences)

4th preference: brothers and sisters of adult citizens (65,000 plus spilldown from 1st, 2nd, and 3rd preferences) (old quota for 5th preference: 64,800)

2. Employment-Based Immigrants

(1) "Priority Workers" (40,000 plus spilldown from categories 4 and 5)

(a) aliens with "extraordinary ability" in arts, sciences, education, business or athletics
Requires (i) sustained national or international acclaim, (ii) achievements recognized through extensive documentation, (iii) intent to work in that area of ability, and (iv) contribution that would "substantially benefit prospectively" the U.S. (Reserved for elite in any given field, this group requires no Labor Certification).

(b) "outstanding" professors and researchers
Requires(i) international recognition as outstanding in a specific field, (ii) at least 3 years experience in teaching or research in that field, and (iii) entering for a tenured or tenure track teaching position or comparable research position. (Does not discuss effect of failure to receive tenure after entry.)

(c) certain multinational executives and managers
Requires employment with sponsor for at least one year in the three years preceding application and intent to continue to work for that employer, its subsidiary, or affiliate.

(2) Professionals Holding Advanced Degrees (or equivalent) and Aliens of "Exceptional Ability" (40,000 plus spilldown)
Requires for "exceptional ability" aliens that their presence "substantially benefit prospectively" the U.S. Allows the job offer requirement to be waived by the Attorney General. Stipulates that "exceptional ability" requires more than a mere degree or license.

(3) Skilled Workers, Professionals Holding Basic Degrees, and "Other Workers" (40,000 plus spilldown, of which only 10,000 may go to "unskilled" workers)
Divided into (a) "skilled" workers, i.e. 2 years training/experience, not temporary or seasonal, (b) "professionals" with baccalaureate degrees, and (c) "other" workers, including "unskilled" labor that is not temporary or seasonal.

(4) Certain Special Immigrants, e.g. ministers and religious workers (10,000 visas)

(5) Investors, with $1 million in capital and who employ 10 or more U.S. persons (with variations to encourage investment in targeted areas) (10,000 visas, or which 3,000 are set aside for investors in targeted areas of unemployment)

Labor Certification, is required for categories 2 and 3 workers.

INS may waive Labor Certification requirement for "national interest" application (under E2 preference).

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Important Telephone Numbers and Addresses

	State Department - Visa Services	Inquiries or General Information: (202) 663-1225 Inquiries about J Waiver Status: (202) 663-1600 National Visa Center: (603) 334-0700 Fax: (202)-663-3899 Email: usvisa@state.gov
	USCIS	Information line: (800) 375-5283 Vermont Service Center 75 Lower Welden Street Saint Albans, VT 05479-0001 Tel: (802)527-3160 Washington District Office 4420 N. Fairfax Drive Arlington, VA 22203 Baltimore District Office Fallon Federal Building 31 Hopkins Place Baltimore, MD 21201
	DOL	Mr. Stephen W. Stefanko Certifying Officer U.S. Department of Labor, ETA Suite 825 East The Curtis Center 170 S. Independence Mall West Philadelphia, Pennsylvania 19106-3315 Automated Line: (215) 861-5286 Telephone Inquiries: (215) 861-5250 Virginia Employment Commission ALC Unit 3751 Nine Mile Road, Suite C Richmond, VA 23223 Tel: (804) 236-2717 Department of Labor Licensing and Regulation 1100 North Eutaw Street, Room 212 Baltimore, MD 21201 Tel: (410) 767-2059
	Visa Quota	Recorded message: (202) 663-1541 Fax: (202) 647-3000 http://www.travel.state.gov/visa/frvi_bulletin.html
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