Employment Based

The Immigration and Nationality Act provides a yearly limit of 140,000 employment-based immigrant visas, which are divided into five preference categories.  They usually require a labor certification from the U.S. Department of Labor (DOL) and the filing of the petition with the U.S. Citizenship and Immigration Services (USCIS).

The employment based category is sub-divided into five:

First Preference Category(E1)

Priority Workers must have an approved Form I-140, Immigrant Petition for Foreign Worker, normally filed by the employer in the U.S. with the DHS. They include:

• People with extraordinary ability in the sciences, arts, education, business, or athletics. 
• Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
• Executives and managers, who have already been employed by a U.S. company’s affiliate, parent, subsidiary, or branch.

Second Preference Category (E2)

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business

Third Preference Category (E3)

Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. All applicants require an approved Form I-140 petition filed by the prospective employer.

Fourth Preference Category (E4)

Special E4 Immigrants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884.

Fifth Preference Category(E5)

Employment Creation Investor applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the USCIS. To qualify, the applicant must invest between U.S. $500,000 and $1,000,000, in a commercial enterprise 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.