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Employment First Preference – EB-1 |
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Employment Second Preference – EB-2 |
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Employment Third Preference – EB-3 |
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Employment Fourth Preference – EB-4 |
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Employment Fifth Preference – EB-5
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| EMPLOYMENT FIRST PREFERENCE – EB-1
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Persons of extraordinary ability in the
sciences, arts, education, business, 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 US
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 |
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Outstanding professors and researchers with at least
3 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. |
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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 US employer. The applicant must be coming to the US,
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 SECOND PREFERENCE – EB-2
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| Professionals holding advanced degrees, or
persons of exceptional ability in arts, sciences or business:
All second preference applicants require an approved I-140
visa petition. There are two sub groups within this preference
category: |
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Professionals holding an advanced degree
(beyond a bachelor’s degree) or a bachelors degree and
at least 5 years progressive experience in the
profession. |
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Persons with exceptional ability in the arts,
sciences, or business. Exceptional ability means having
a degree and expertise significantly above that normally
found within the field. Here the standard is
"exceptional" and NOT "extraordinary" which comes under
EB-1. | |
| EMPLOYMENT THIRD PREFERENCE – EB-3
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| Skilled workers, professionals holding
bachelor's degrees and other workers: All third preference
applicants require an approved I-140 visa petition filed by
the prospective employer. All such workers require a Labor
Certification, or Schedule A designation. There are 3
subgroups within this preference category: |
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Skilled Workers: Positions that are not
seasonal or temporary and require at least two years of
job experience, an undergraduate degree, vocational
training apprenticeship in a trade. The training
requirement may be met through relevant post-secondary
education. Job requirements stated in Form ETA-750
(Labor Certification) determine whether a job is skilled
or unskilled. |
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Professional Workers: Professionals must hold a US
bachelor's degree or foreign equivalent degree that is
normally required for the profession (such as
engineering, computer science, etc.) or workers with a
bachelor's degree in a profession. For example,
equivalent job experience as determined by a
professional association (about 10 years of professional
experience may be substituted for the bachelor's degree
for computer professionals.) This category is for aliens
who don't qualify for EB-2 category (Master's degree or
equivalent which is Bachelor's degree + five years of
progressive experience). Having a bachelor's degree is
not enough; the job also must require a bachelor's
degree. |
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EW - "Other workers" are those persons capable of
filling positions requiring less than 2 years training
or experience. No more than 10,000 visas are available
annually worldwide in this category.
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| EMPLOYMENT FOURTH PREFERENCE – EB-4
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| Special Immigrants: All such applicants, must
be the beneficiary of an approved I-360 visa petition, except
overseas employees of the US Government who must have a Form
DS- 1884. There are 6 sub groups in this category: |
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SD - 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 (limited to 5000 per year).
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Certain overseas employees of the US
Government. |
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Former employees of the Panama Canal Company. |
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Retired employees of international organizations.
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Retired employees of international organizations.
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Certain dependents of international organization
employees. |
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Certain members of the US armed
forces. | |
| EMPLOYMENT FIFTH PREFERENCE – EB-5
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| Employment Creation Investors: All applicants
must file a Form I-526 petition by alien entrepreneur with the
INS. To qualify an alien must invest between US $500,000 and
$1 million, (depending on the employment rate in the
geographical area), in a commercial enterprise in the US which
creates at least 10 new full-time jobs for US citizens,
permanent resident aliens or other lawful immigrants, not
including the investor and his
family. |
