Immigrant Visas

Employment-Based Immigration

The Immigration and Nationality Act provides a worldwide yearly minimum of 140,000 employment-based immigrant visas.  All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition, filed by their prospective employer, from the Department of Homeland Security (DHS).  The employer must first obtain a labor certification, and if granted, then file a Form I-140, Immigration Petition for Alien Worker.  A person whose occupation requires a labor certification must have prearranged employment in the United States.  These visas are divided into five preference categories, each corresponding to types of workers.  These preference categories and their requirements are detailed below.
 

Employment First Preference (E1):

• People of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must have extensive documentation showing national or international acclaim and recognition in their field of expertise. They do not have to have a specific job offer, and can file their own Form I-140 petition with the DHS.
  
• Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.  No labor certification is required for this classification, but the prospective employer must provide a job offer and file a Form I-140 petition with the DHS; and
  
• Executives and managers who have already been employed by a U.S. company’s affiliate, parent, subsidiary, or branch.  No labor certification is required, but the prospective employer must provide a job offer and file a Form I-140 petition with the DHS.

Employment Second Preference (E2)

• Professionals holding advanced degrees, or persons of exceptional ability in the arts, sciences, or business.  All applicants must have a labor certification, or establish that they qualify for one of the shortage occupations.  A job offer is required and the U.S. employer must file a Form I-140 petition on behalf of the applicant.

Employment Third Preference (E3)

• Skilled workers, professionals holding baccalaureate degrees and other workers. All applicants require an approved Form I-140 petition filed by the prospective employer. All require a labor certification or evidence that they qualify for one of the shortage occupations.

Employment Fourth Preference (E4)

• Special E4 Immigrants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government, who must use Form DS-1884.

Employment Fifth Preference (E5)

• Employment Creation Investor applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the INS. To qualify, the applicant must invest between U.S. $500,000 and $1,000,000 in a commercial enterprise which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.