- Employment Based First Preference (EB1)
(1)
Persons of extraordinary ability in the sciences, arts, education, business,
or athletics.
Applicants in this category must have
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. Such applicants can file their own petition with the INS, rather
than through an employer.
(2) 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 petition with the INS.
(3) Certain executives
and managers
Who 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 file a petition with the INS.
- Employment Based Second Preference (EB2)
Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. 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.
(2) 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.
- Employment Based Third Preference (EB3)
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:
(1) Skilled workers are persons capable of performing a job requiring at least two years' training or experience.
(2) Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree.
(3) Other workers are those persons capable of filling positions requiring less than two years' training or experience.
- Employment Based Fourth Preference (EB4)
(1) Religious
workers coming to carry on the vocation of a minister of religion, or
to work in a professional capacity in a religious vocation, or to work
for a tax-exempt organization affiliated with a religious denomination.
(2)
Certain overseas employees of the U.S. Government
(3)
Former employees of the Panama Canal Company
(4)
Retired employees of international organizations
(5) Certain dependents of international organization employees
(6) Certain members of the U.S. Armed Forces
- Employment Fifth Preference (EB5)
An Employment Creation Investor must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States 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.