Immigration Information Center

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• Immigrant Visas - An Overview
• Employment-Based Immigrant Visas
• Family-Based Immigrant Visas
• The Diversity Visa Lottery Program
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• Frequently Asked Questions about Immigrant Visas
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Employment-Based Immigrant Visas

There are many types of employment-based immigrant visas and each has its own particular requirements. The process of obtaining an employment-based visa can be complicated and tedious. Failing to comply with the detailed laws and regulations governing employment-based visas can result in processing delays and rejected applications followed by protracted and costly appeals. Whether you are an individual, business professional, entrepreneur, investor, US corporation, university, or other organization that employs foreign nationals, you need experienced representation to ensure that employment-based immigrant visas are obtained without unnecessary delays. A competent and experienced immigration attorney can help to prepare and file employment-based immigrant visa petitions. If you have questions about employment-based immigrant visas, call an immigration attorney today.

Employment-Based Immigrant Visa Categories and Preferences

There are many employment-based immigrant categories. Many businesses and companies desire to retain their foreign executives, managers, skilled workers, and even non-skilled workers, on a permanent basis. This requires skillful preparation of paperwork to obtain labor certification from the United States Department of Labor and the approval of employment-based immigrant visa petitions with the United States Citizenship and Immigration Services (USCIS).

Employment-based immigrants must qualify for one of the following employment-based visa categories:

• First Preference - Priority Workers (EB-1 visas). This category includes workers with "extraordinary abilities" in sciences, arts, education, business, or athletics, outstanding professors and researchers, and certain multinational executives and managers. "Extraordinary ability" means a "level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor." 56 FR 60897-01.



• Second Preference - Professionals with Advanced Degrees and Persons with Exceptional Ability (EB-2 visas). This category includes professionals such as architects, engineers, lawyers, physicians, surgeons, and teachers who have degrees beyond a baccalaureate degree such as a master's degree or doctorate; in some situations, a baccalaureate degree and five years of experience may be acceptable. This category also includes persons who have expertise in sciences, arts, or business that is significantly above the level of expertise typically found in those fields.



• Third Preference - Skilled Workers in Short Supply, Professionals Holding Baccalaureate Degrees, and Other Workers in Short Supply (EB-3 visas). This category includes professionals, workers in occupations that require at least a baccalaureate degree, and workers who have the skills to perform a job which requires at least two years experience or training. Fourth Preference - Certain Special Immigrants (EB-4 visas). This category includes immigrants identified as "special immigrants." The special immigrants category encompasses a wide variety of workers including religious workers, former employees of the United States government, and former employees of international organizations.



• Fourth Preference - Employment Creation (EB-5 visas). This category includes persons who plan to invest in a new enterprise that will benefit the economy of the United States. The commercial enterprise must create at least 10 jobs and meet a certain required minimum capital investment that may vary depending on the location of the enterprise. Immigrant investors who qualify for the employment creation category are admitted to the US on a conditional basis and their investment is reviewed after two years.

Employment-Based Immigration Procedures

Who may file an employment-based immigrant visa petition varies depending on the category to which the immigrant employee belongs. Investors who qualify for the employment creation category, persons who qualify for the special immigrants category, and priority workers with "extraordinary abilities" may self-petition. Most other employment-based immigrant visa petitions must be filed by the immigrant's employer. Employer-filed employment-based immigrant visa petitions typically require labor certification from the United States Department of Labor, documentation to prove the immigrant's qualifications for a particular job, or both.

Employers who must obtain labor certification must do so before the visa petition (Form I-140) will be reviewed by the USCIS. To obtain labor certification, employers must file Form ETA-750 with the state job service office authorized to act on behalf of the US Department of Labor. The labor certification must included a statement from the immigrant detailing his or her qualifications as well as evidence that the employer satisfied many, often complicated, requirements related to the employer's efforts to hire a US employee.

Conclusion

Obtaining an employment-based immigrant visa involves more than completing and filing a simple application. There are numerous types of employment-based visas from which to choose, and each involves unique issues and required disclosures. Choosing an inappropriate category, failing to provide the necessary disclosures, or both will result in rejection and costly time delays for both employers and employees. If you have questions about employment-based immigration visas, you need to consult with an attorney who is familiar with the different types of employment-based immigrant visas. Contact an experienced immigration lawyer today to schedule a consultation. An immigration attorney will provide you with accurate information and make this complex process move smoothly and efficiently.

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