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| There are five employment-based preference
categories (EB-1 through EB-5) through which an individual
can obtain residency in the United States. The majority
of these categories require an offer of employment and
a labor certification
approved by the Department of Labor. One hundred forty
thousand (140,000) visa are allocated annually for employment-based
immigration. |
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| I. |
EB-1 |
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This category is the priority worker category.
It consists of the following classes of individuals: |
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1. |
aliens of extraordinary ability in the sciences, arts,
business, education or athletics; |
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2. |
outstanding professors and researchers; |
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3. |
multinational executives or managers being permanently
transferred to the United States from a foreign affiliate.
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Forty thousand (40,000) visas are allocated
annually to this category plus any visas left over from
the fourth and fifth categories. No labor
certification is required for priority workers. Aliens
of extraordinary ability do not require an offer of employment
and may petition for themselves. Outstanding professors
and researchers and multinational executives and managers,
however, must have an offer of employment in order to
obtain residency in this category.
For more information regarding the classes of individuals
eligible for this category, click
here.
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| II. |
EB-2 |
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Forty thousand (40,000) visas are allocated
annually to this category plus those left over from the
EB-1 category. Included in this category are the following:
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1. |
members of professions holding advanced degrees; |
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2. |
aliens of exceptional ability in the sciences, arts
or business. |
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Labor certification is required for both
classes except where a waiver would be in the national
interest.
For more information regarding the classes of individuals
eligible for this category and the National Interest
Waiver, click here |
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| III. |
EB-3 |
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Forty thousand (40,000) visas
are allocated annually to this category. Included
in this category are the following: |
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1. |
members of professions holding at least a bachelor’s
degree; |
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2. |
skilled workers (workers whose occupations require
at least two years of training or experience); |
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3. |
unskilled workers (workers whose occupations require
little training or experience). |
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Labor certification
is required for each of these classes of workers.
A full-time permanent job offer is also necessary. No
more than 10,000 visas annually may be allocated to the
unskilled worker category. |
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| IV. |
EB-4 |
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This is the special immigrant category. Its
classes are extremely eclectic. Ten thousand (10,000)
visas are allocated annually to this category, but rarely
are more than 5,000 ever used. Classes in this category
include: |
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1. |
ministers and other religious workers; |
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2. |
employees or retired employees of the U.S. government
abroad; |
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3. |
certain employees under the Panama Canal Act of 1979;
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4. |
certain foreign medical graduates who entered the United
States in H or J status before 1/10/78; |
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5. |
officers and employees of international organizations
who resided in the United States for requisite periods
(includes widow(er)s and unmarried sons and daughters
of these officers and employees); |
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6. |
dependent juveniles under court protection; |
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7. |
certain immigrants who have served in the U.S. armed
forces; |
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8. |
foreign broadcasters. |
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This category
is mainly used for the religious worker class. For more
information on religious workers click
here. |
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| V. |
EB-5 |
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This is the immigrant investor category.
No job offer or labor
certification is required. The investor must be an
individual seeking to invest in a commercial enterprise
with a minimum investment of $1,000,000. In targeted employment
areas, the investment may be reduced to $500,000. The
nature of the investment must be such that it will eventually
produce ten (10) full time jobs for those eligible to
be employed in the United States, not including the investor
and his family. This category has very stringent standards,
and out of 10,000 available visas only 1,000 visas are
used each year by investors and their families.
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