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Employment-Based Immigration
Employment-Based Permanent Residence Petitions
The Immigration and Nationality Act provides 140,000 employment-based immigrant visas yearly. These available visas are divided among five preference categories. Most employment-based permanent residence petitions require submission of a USCIS form I-140. The following is a general introduction of the five preference categories. The USCIS, also called the CIS, is the new name of government entity that was once known as the INS.
The First Employment-based Preference for "priority workers"(EB-1)
Priority Workers receive 28.6 percent of the annual worldwide limit (about 40,000 visas). All Priority Workers must be the beneficiaries of an approved Form I-140, Immigrant Petition for Foreign Worker.
There are three sub-groups in this category:
Persons of "extraordinary ability" in the sciences, arts, education, business, and athletics. To qualify as "extraordinary", applicants in this category must submit extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. A labor certification is also not required. The applicant (alien) may appear as petitioner for him/herself in the petition.
Outstanding professors and researchers. To qualify as an Outstanding professor/researcher, the applicant must have at least three years experience in teaching or research and must be recognized internationally as outstanding in his/her field of endeavor. No labor certification is required for this classification, but the prospective employer (universities or private employers that have established research departments) must provide a job offer and serve as the petitioner in the I-140 petition.
Certain executives and managers subject to international transfer to the United States. The applicant must have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and serve as the petitioner in the I-140 petition.
For detailed discussion about qualifying for permanent residence in the first employment-based preference, please see EB-1.
The Second Employment-Based preference (EB-2)
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; and Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field. This preference receives 28.6 percent of the yearly worldwide limit (about 40,000 annual visas, plus any unused Employment First Preference visas.) A labor Certification and a job offer are required for this category unless the job offer is waived by the USCIS in the national interest, or the job fits in a Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later).
In case there is no exemption of the labor certification process, the U.S. employer must file a form I-140 petition based on the approved labor certification on the alien's behalf. For details of the Labor Certification process, please see our discussion under Labor Certification.
Regarding to I-140 petitions with requests for a national interest waiver (NIW), the alien may file the petition, Form I-140, along with evidence of the national interest. National Interest Waiver has become a very popular and important path for many people applying employment-based immigrant visa in the second preference. Consult our experienced immigration attorney on NIW issues.
The Third Employment-Based Preference (EB-3)
This category covers Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. The Third Employment-based preference receives 28.6 percent of the yearly worldwide limit (about 40,000 annual visas), plus any unused Employment First and Second Preference visas. Only 10,000 visas of the annual quota may be assigned to unskilled workers. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
Skilled workers: persons capable of performing a job requiring at least two years' training or experience;
Professionals with a baccalaureate degree: members of a profession with at least a university bachelor's degree; and
Other workers: those persons capable of filling positions requiring less than two years' training or experience.
The labor certification process is discussed in details under Labor Certification.
Employment-Based Immigration
Employment-Based Permanent Residence Petitions
The Immigration and Nationality Act provides 140,000 employment-based immigrant visas yearly. These available visas are divided among five preference categories. Most employment-based permanent residence petitions require submission of a USCIS form I-140. The following is a general introduction of the five preference categories. The USCIS, also called the CIS, is the new name of government entity that was once known as the INS.
The First Employment-based Preference for "priority workers"(EB-1)
Priority Workers receive 28.6 percent of the annual worldwide limit (about 40,000 visas). All Priority Workers must be the beneficiaries of an approved Form I-140, Immigrant Petition for Foreign Worker.
There are three sub-groups in this category:
Persons of "extraordinary ability" in the sciences, arts, education, business, and athletics. To qualify as "extraordinary", applicants in this category must submit extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. A labor certification is also not required. The applicant (alien) may appear as petitioner for him/herself in the petition.
Outstanding professors and researchers. To qualify as an Outstanding professor/researcher, the applicant must have at least three years experience in teaching or research and must be recognized internationally as outstanding in his/her field of endeavor. No labor certification is required for this classification, but the prospective employer (universities or private employers that have established research departments) must provide a job offer and serve as the petitioner in the I-140 petition.
Certain executives and managers subject to international transfer to the United States. The applicant must have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and serve as the petitioner in the I-140 petition.
For detailed discussion about qualifying for permanent residence in the first employment-based preference, please see EB-1.
The Second Employment-Based preference (EB-2)
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; and Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field. This preference receives 28.6 percent of the yearly worldwide limit (about 40,000 annual visas, plus any unused Employment First Preference visas.) A labor Certification and a job offer are required for this category unless the job offer is waived by the USCIS in the national interest, or the job fits in a Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later).
In case there is no exemption of the labor certification process, the U.S. employer must file a form I-140 petition based on the approved labor certification on the alien's behalf. For details of the Labor Certification process, please see our discussion under Labor Certification.
Regarding to I-140 petitions with requests for a national interest waiver (NIW), the alien may file the petition, Form I-140, along with evidence of the national interest. National Interest Waiver has become a very popular and important path for many people applying employment-based immigrant visa in the second preference. Consult our experienced immigration attorney on NIW issues.
The Third Employment-Based Preference (EB-3)
This category covers Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. The Third Employment-based preference receives 28.6 percent of the yearly worldwide limit (about 40,000 annual visas), plus any unused Employment First and Second Preference visas. Only 10,000 visas of the annual quota may be assigned to unskilled workers. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
Skilled workers: persons capable of performing a job requiring at least two years' training or experience;
Professionals with a baccalaureate degree: members of a profession with at least a university bachelor's degree; and
Other workers: those persons capable of filling positions requiring less than two years' training or experience.
The labor certification process is discussed in details under Labor Certification.
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