Employment-Based Immigrant Visa Categories

A total of 140,000 visas are provided for employment-based immigration. The Immigration Act now defines five main categories or "preferences" for immigration based on employment or employment creation:

Employment-Based Preference 1: "Priority Workers" ()
Three subcategories exist under this preference: (1) individuals with "extraordinary ability" in the arts, sciences, education, business or athletics, (2) outstanding professors and researchers, and (3) certain multinational executives and manager. There are 40,000 visa numbers available plus the spill-down from preferences IV and V.

Pref. 1, Subcategory 1 (E11)
To qualify as an individual with "extraordinary ability" in the arts, sciences, education, business or education, the applicant must show sustained national or international acclaim, achievements recognized through extensive public documentation and be able to demonstrate that his or her contribution would "substantially benefit" the U.S. prospectively.

Pref. 1, Subcategory 2 (E12)
To qualify as an outstanding professor or researcher, the applicant must establish international recognition or acclaim, at least three years experience in teaching or research in the field and have available an offer of employment for a tenured or tenure-track teaching position or comparable research position in private industry.

Pref. 1, Subcategory 3 (E13)
To qualify as an multinational executive or manager, the applicant must show he/she has at least one year employment as an executive or manager overseas with a sponsoring employer within the three-year period immediately prior to the transfer to the U.S.. Duties in the U.S. must be similar executive or managerial duties (whether or not he or she has a university degree).

Employment-Based Preference 2:
Professionals and Individuals with "Exceptional Ability"()
Immigrant status is available to qualified immigrants who are members of the professions holding advanced degrees or their equivalent, or who because of their exceptional ability (which must be demonstrated by more than just a degree or license) in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States. Under certain circumstances, as the Attorney General my prescribe, a specific job offer may not be necessary for applicants in this category, if the work is in the national interest. There are 40,000 visa numbers available plus the spill-down from preference 1.

Employment-Based Preference 3:
Skilled Workers, Professionals and Other Workers()
Three subcategories exist under this preference: (1) skilled workers, (2) professionals, and (3) "other" workers. There are 40,000 visa numbers available plus any unused visas.

Pref. 3, Subcategory 1 (E31)
An individual qualifies as a skilled worker if at the time of petitioning for classification, the individual qualifies to perform skilled labor requiring at least two years training or experience and is being sponsored for a position which is not temporary or seasonal in nature, for which qualified U.S. workers are not available.

Pref. 3, Subcategory 2 (E32)
An individual qualifies as a professional based on his/her holding of a baccalaureate degree and the job's requirement of same in positions for which U.S. workers are not available.

Pref. 3, Subcategory 3 (E33)
Individuals who are capable of performing unskilled labor not of a temporary or seasonal nature for which qualified workers are not available in the U.S. may be placed in this subcategory. Since a cap of 10,000 visas (within the overall 40,000 limit) is set for applicants seeking to qualify as "other workers," there is a substantial waiting period under this subcategory.

Employment-Based Preference 4: Special Immigrants
This category is reserved for certain qualified special immigrants such as religious workers, certain former United Nations employees, etc. The religious worker category generally requires two years prior experience in a religious occupation, profession or the ministry. There are 10,000 visas available per year in this category.