Every year, 140,000 employment-based immigrant visas are available to qualified immigrants under the U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Generally, spouses and children may accompany employment-based immigrants. The process of immigration consists of several steps that must be meticulously followed.
To qualify for an employment based immigrant visa, the immigrant’s employer must first obtain a labor certification approval from the Department of Labor. Once received, the employer may file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS for the sought category. Immigrants with extraordinary abilities in the Employment First preference category are able to file their own petitions without seeking the labor certification approval.
A First Preference immigrant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS. Labor certification is not required for any of the immigrants in this group. Immigrants in this category receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas.
There are three sub-groups within this category:
- Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
- Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
- Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
A Second Preference immigrant must have an approved labor certification from the Department of Labor and a job offer from the U.S. employer who must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the immigrant. Certain immigrants may apply for a waiver, known as aNational Interest Waiver, from the job offer and labor certification if the waiver is in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.
There are two subgroups within this category:
- Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
- Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the U.S. employer and the approved labor certification from the Department of Labor. Immigrants in this category receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.
There are three subgroups within this category:
- Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
- Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
- Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.
A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with some exceptions of certain employees or former employees of the U.S. Government abroad. Generally, labor certification is not necessary for any of the special immigrants categories. These immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.
There are many subgroups within this category:
- Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
- Ministers of Religion
- Certain Employees or Former Employees of the U.S. Government Abroad – Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
- Certain Former Employees of the Panama Canal Company or Canal Zone Government
- Certain Former Employees of the U.S. Government in the Panama Canal Zone
- Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
- Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas.
- Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment.
- Certain Foreign Medical Graduates (Adjustments Only)
- Certain Retired International Organization Employees
- Certain Unmarried Sons and Daughters of International Organization Employees
- Certain Surviving Spouses of deceased International Organization Employees
- Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
- Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
- Certain retired NATO-6 civilians
- Certain Unmarried Sons and Daughters of NATO-6 civilians
- Certain Surviving Spouses of deceased NATO-6 civilian employees
- Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001
- Certain Religious Workers
Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.