Approximately 140,000 immigrant visas are available each fiscal year for foreign workers (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience, you may be able to live permanently in the United States. The five employment-based immigrant visa categories are outlined below.
EB-1 classification is reserved for those with extraordinary ability, or who are an outstanding professor or researcher, or are a multinational executive or manager.
For those seeking to immigrate based on:
You must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through the submission of evidence to support this classification. No offer of employmentis required.
Examples of evidence of extraordinary ability include:
You must demonstrate international recognition for outstanding achievements in a particular academic field. Applicants must have at least 3 years' experience in teaching or research in that academic area; must be entering the United States to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and must be seeking to enter the United States to continue service to that firm or organization, or one of its branches, subsidiaries or affiliates. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
All applicants under the EB-1 category petition by filing a Form I-140, Petition for Alien Worker. The Outstanding Professor/Researcher, or Multinational Manager or Executive categories must be petitioned for by the employer, while the Extraordinary Ability category may self-petition.
EB-2 classification is for members of the professions holding an advanced degree or its equivalent (a bachelor’s degree plus 5 years progressive work experience in the field), or a foreign national who has exceptional ability in the sciences, arts or business. In either case, an application for labor certification must be filed and approved before filing the EB-2 visa petition. The only exception is for applicants seeking a National Interest Waiver of the labor certification requirement. Those seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Applicants may self-file by filing the I-140, Petition for Alien Worker, and may file their labor certification directly with USCIS along with their Form I-140.
Examples of evidence to establish exceptional ability include:
EB-3 classification is for those who are a skilled worker, professional, or other worker. A labor certification from the U.S. Department of Labor must first be obtained before filing the I-140, Petition for Immigrant Worker. Permanent, full-time job offers are also required.
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be allowed to be submitted to U.S. Citizenship and
Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.
The employer (petitioner) must first file and obtain an approved labor certification from the U.S. Department of Labor, or Form ETA-9089. Thereafter, the employer files a Form I-140, Petition for Alien Worker. Your employer must demonstrate an ability to pay the offered wage as of the visa priority date, which is generally the date the labor certification is filed.
Note that spouses and minor children of EB-3 visa beneficiaries may immigrate with the principal beneficiary. Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). In the course of the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 18) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
The EB-4 classification is reserved for the following special immigrants:
A religious worker may immigrate under the EB-4 preference if they meet the following requirements:
Petitioning for an Employment-Based Fourth Preference Immigrant
The employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with evidence establishing eligibility for EB-4 classification. However, there are certain situations where you, the employee, may self-petition on your own behalf.
The Immigrant Investor Program, also known as “EB-5”, is for investors in Regional Centers designated by USCIS to promote economic growth. EB-5 investors must invest in a new commercial enterprise which was established after November 29, 1990; or purchased and the existing restructured or reorganized resulting in a new commercial enterprise; or expanded through the investment so that a 40 percent (40%) increase in the net worth or number of employees occurs.
The commercial enterprise may be a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed to conduct lawful business. The term “commercial enterprise” does not include noncommercial activity such as owning and operating a personal residence.
One of the principal requirements of the EB-5 visa is the creation of at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the 2-year period) of the immigrant investor’s admission to the U.S. as a Conditional Permanent Resident.
Additionally, the minimum qualifying investment in the U.S. is $1Million dollars, unless the investment is made in a designated Targeted Employment Area of high unemployment or rural area, in which case the investment threshold is $500,000.00.
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