Employment-Based Immigrant Visas

Employment-Based Immigrant Visa

 

Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

 

Five preference categories:

 

  • Employment First Preference (E1): Priority Workers: A First Preference applicant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140 (http://www.uscis.gov/i-140), filed with USCIS. Labor certification is not required for any of the Priority Worker subgroups. Priority Workers 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 abilityin 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 executiveswho 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 or Third Preference applicant must generally have a labor certification approved by the Department of Labor (http://www.foreignlaborcert.doleta.gov/hiring.cfm). To be considered for an immigrant visa under the E2 or E3 employment-based categories, the applicant’s prospective employer or agent must first obtain a labor certification approval from the Department of Labor. When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workerswebpage: (http://www.uscis.gov/working-united-states/permanent-workers).

 

A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver (http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2), from the job offer and labor certification if the exemption would be 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: (1) professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and (2) 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 prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) 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.

 

  • Professionalsare 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.

 

  • Employment Fourth Preference (E4): Certain Special Immigrants: A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad. Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

 

  • Employment Fifth Preference (E5): Immigrant Investors: Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.

 

After USCIS approves the petition, it is sent to the National Visa Center (NVC) (http://travel.state.gov/content/visas/english/immigrate/immigrant-process/approved/contact.html). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date (http://travel.state.gov/content/visas/english/general/glossary.html#qualifyingdate), the NVC will instruct the applicant to complete Form DS-261, Choice of Address and Agent. Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa in accordance with U.S. immigration law. Ink-free, digital fingerprint scans will be taken on the day of the interview. Generally, an applicant receives original civil documents and original translations back at the time of interview.

 

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.

 

Once you have paid the USCIS immigrant fee and have been admitted to the U.S. as a permanent resident, your Permanent Resident Card will be mailed to you.