Employment-Based Permanent Visas

Employment-based immigrant visas are divided into five preference categories. Under the first preference are those exhibiting extraordinary ability (sustained national or international recognition in their field), outstanding researchers and professors, and multinational executives and managers. The second preference category includes members of the professions holding advanced degrees or exhibiting exceptional ability. The third preference consists of skilled workers filling positions which require at least two years experience, and professionals holding a bachelor degree or higher. The fourth preference is a catch all category for special immigrants such as clergy, religious workers, certain foreign medical graduates, and certain court dependents. The last category is for foreign nationals investing a minimum of $1,000,000 (or under certain circumstances $500,000) in the US and employing a minimum of 10 workers full-time.

Please click on the category that best suits you for more details regarding eligibility and procedures.

EB-1 Priority Workers:

I

ndividuals with extraordinary ability in the sciences, arts, education, business or athletics.
Outstanding professors or researchers.
Managers and executives transferred to the U.S.

EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability:

Individuals with exceptional ability in the sciences, arts or business.
Professionals with advanced degrees.
Qualified Physicians intending to practice medicine in underserved areas.

EB-3 Skilled or Professional Workers:

Professionals with bachelor's or equivalent degrees.
Skilled workers with at least two years experience.
Unskilled workers.

EB-4 Special Immigrants:

Religious workers.
Employees and former employees of the U.S. Government abroad.

EB-5 Immigrant Investors:

Individuals who are in the process of investing or have invested $500,000 - $1,000,000 in a new commercial enterprise that will either directly or indirectly create a designated number of jobs.

EB-1 Priority Workers

The EB-1 category is open to:

• Individuals with extraordinary ability in the arts, sciences, education, business or athletics.
• Outstanding professors or researchers.
• Managers and executives soon to be transferred to the United States.

Individuals with Extraordinary Ability

USCIS defines foreign nationals with extraordinary ability as “individuals with extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.”

To apply under this category you must submit at least three of the following requirements as documentary evidence along with your application to USCIS:

• Receipt/ Proof of lesser recognized prizes or awards for excellence.
• Membership in associations in your area, which demand outstanding achievement of their members.
• Articles published about you in major publications and other media.
• Proof that you have judged others’ works as an individual or on a panel.
• Proof that you have made original contributions to your field.
• Proof that you have published articles about your field in major publications and other media.
• Proof that your work has been showcased or displayed in exhibitions.
• Proof that you hold a leading or critical role in a distinguished organization.
• Proof that you receive high payments for your work in relation to your peers.
• Proof of commercial success in the performing arts.

Comparable evidence, however, is acceptable in certain situations.

Outstanding Professors and Researchers

In order to be classified as an outstanding professor or researcher, you should:

• Be internationally recognized in your field.
• Have at least three years experience in research or teaching in your field.

Have a job offer from an accredited university /institution for higher education to work in a tenure-track teaching/comparable research position in your field. The job offer can also be for a permanent research position with a private institution, provided the department/division/ institute has employed at least three full-time researchers and has documented accomplishments in your academic field.

To apply under this category, you must submit any two of the following documents as evidence:

• Receipt of major prizes or awards for outstanding achievement.
• Membership in associations in your profession, which demand outstanding achievement from their members.
• Articles about you that have appeared in major publications.
• Proof that you, have judged work of others in the same area or allied academic field, either as an individual or on a panel.
• Proof that you have made original scholarly contributions to your field.
• Proof that articles written by you have been published in major publications
• Proof that you have authored books on a subject in your area of expertise.

Multinational Managers and Executives (E13 Immigrants)

The EB-1 category allows many multinational companies to transfer their executives or managers to the United States from their parent/affiliate/ subsidiary/branch offices outside the US.

In order to apply under this category, you must have documents to prove that:

• You have worked as a manager or executive in an overseas office of your U.S. sponsor for at least one out of the three years preceding the transfer to the U.S.
• You will be joining the same/affiliate/subsidiary/parent company in the U.S. as an executive or manager. The fact that you may already be in the U.S. with a non-immigrant visa status (under the L-1A or one of the E visa classifications).
• The U.S. company (your sponsor) must show that it has been a parent/subsidiary/affiliate/branch office of the company overseas and conducting business with it for at least one year.

Procedure for Applying for an EB-1 Visa

Individuals with extraordinary ability do not need an employer to sponsor for their visa. You can file for the visa yourself (self-petition). All other EB-1 petitions must be filed by the employer.

Note: Labor certification is not required for EB-1 petitions.

In order to apply under the EB-1 category, you have to submit a completed application (USCIS Form I-140, Petition for Alien Worker) along with all the supporting documents at a USCIS Regional Service Center, which has jurisdiction over the area of your proposed employment.

Back to Top

EB-2 Professionals

The EB-2 classification is open to:

• Individuals with exceptional ability in the sciences, arts or business.
• Professionals with advanced degrees.
• Physicians intending to practice medicine in underserved areas.

Individuals with Exceptional Ability in the Sciences, Arts or Business

USCIS defines “exceptional ability” in the sciences, arts, or business as “a degree of expertise significantly above that ordinarily encountered.”

To apply under this EB-2 category, you must submit at least three of the following with your application:

• Proof of your academic achievements in the area of your exceptional ability, including diplomas, degrees or certificates from colleges, universities or other institutions.
• Proof that you have at least ten years of full-time experience in your field.
• A license to practice your profession or certification in a particular profession or occupation.
• Proof that you have received a worthy salary or remuneration for your exceptional abilities.
• Proof that you are a member of professional associations.
• Proof that you have received recognition from peers, government officials, or organizations for achievements and significant contributions in your field.

If the above documentation requirements do not apply to your occupation, you may provide other comparable evidence. This category requires labor certification.

Professionals with Advanced Degrees

USCIS defines an advanced degree as “a professional or academic degree, given by a U.S. institution, beyond that of a baccalaureate.” A foreign degree from an overseas institution is acceptable only if USCIS determines that the degree is equivalent to a U.S. degree.

To apply under this EB-2 category, you must provide evidence to prove that:

• You have an advanced degree given by a U.S. institution or an equivalent foreign degree; or
• You have a U.S. bachelor's degree or its foreign equivalent along with letters from your current or former employers showing that you have five years of employment experience, involving incremental responsibility in the profession. This is necessary if the position offered requires the advanced degree.

A petition for an applicant holding an advanced degree can be made when a position requiring an advanced degree becomes available in the U.S. The labor certification must indicate that the job offered requires your degree to perform the job.

Qualified Physicians

If you are a qualified physician who will be practicing medicine in a certified “underserved” area, you may be eligible to apply under the EB-2 category.

Eligibility under the EB-2 category, requires the following:

• A job offer in the profession for which you are academically prepared (e.g.: if the profession as a rule requires a doctoral degree, your job offer and credentials must indicate/reflect it).
• This category does not require a labor certification.

National Interest Waiver

If you can exhibit exceptional ability in the sciences, arts, or business, you may qualify to waive the requirement of a job offer and labor certification, if a waiver would be in the national interest.

Any physician may petition for a national interest waiver to waive the labor certification requirement. While the statutory language references ‘any physician’, CIS notes that DHHS currently limits physicians in designated shortage areas to the practice of family or general medicine, pediatrics, general internal medicine, obstetrics/gynecology, and psychiatry. Unless DHHS establishes shortage areas in other fields of medicine, only doctors practicing in the fields mentioned above are eligible.

Back to Top

EB-3 Skilled or Professional Workers

The EB-3 category includes:

• Individuals with at least two years experience as skilled workers
• Professionals with a bachelor’s degree
• Unskilled laborers who possess less than two years of experience with work for which U.S. workers are not available

Documents required for an EB-3 visa

To apply under this category, the following is required:

• A job offer from your U. S. employer which states that he is hiring you for an occupation for which you have received training/education, or a closely related occupation.
• Labor Certification (Form ETA-750) from the U.S. Department of Labor.

Note: Without exception, all EB-3 applications must include both a Labor Certification and a job offer. The type of job and your background determine whether you are classified as “skilled,” “unskilled,” or “professional.”

In addition to the above, to qualify under:

• The Skilled worker option for the EB-3 category, you must show evidence of capability in an occupation that requires at least two years of training or experience in your skill set.
• The Professionals option for the EB-3 category, you must show as evidence a U.S. bachelor’s degree (or its foreign equivalent) as a minimum requirement in order to join the profession. Experience and education cannot be substituted for the degree.
• The Other workers option for the EB-3 category, you must show that you have less than two years of higher education, training, or experience.

Note: This category is often seriously backlogged which translates into extended wait times before a visa becomes available.

Procedure to apply for an EB-3 visa

In order to apply through the EB-3 category:

• Your employer must obtain an approved Labor Certification (Form ETA-750), which mentions that the position offered needs the education, training or experience that you have acquired in your field.
• After the Labor Certification has been approved, your employer must file Form I-140 (Petition for Alien Workers) on your behalf.

Back to Top

EB-4 Special Immigrants

The EB-4 category is for special immigrant religious workers.

To qualify under this category:

• You must be a member of a religious organization that has a non-profit religious unit in the U.S.
• You must have been working in the religious organization for at least two years before applying.
• You must be entering the U.S. to work in one of the following capacities:
  
  • As a minister or priest of a religious organization.
  • In a religious vocation or occupation for a religious organization that requires you to have a bachelor's degree or its foreign equivalent.
  • In a religious vocation or occupation for a religious organization or its non-profit affiliate. The term religious vocation refers to cantors, missionaries, religious instructors, etc.

Documents required for an EB-4 visa

If you are applying as a religious worker in the E-4 category, along with submitting Form I-360, you are required to provide the following documents:

1. Proof that your religious organization is a non-profit organization.
2. An official letter from your religious organization in the U.S. stating:
   
   • That you have been a member of the denomination for at least two years.
   • That you have at least two years experience in your vocation or occupation.
   • How you will be paid for your work.
   • That you do not intend to supplement your income with a second job, or depend on charity for support.
   • Details of your proposed employment (explained in the table below).

Type of Job	The letter should state
1. If you are a Minister:	That you have been authorized to perform religious duties in general and should specify which duties you are authorized to perform.
2. If you are a Religious Professional:	That you have a U.S. bachelor’s degree or the foreign equivalent that is required for your religious profession. You must also submit an official academic record.
3. If you are applying to work in the U.S. in another religious vocation or occupation:	That you are qualified to work in that religious vocation or occupation. For example, if you are applying to work as a nun or a monk, you will need to provide evidence that you are a nun or a monk.
4. If you are applying to work in the U.S. in a non-ministerial or non-professional capacity for a religious organization affiliated with a religious denomination:	How the religious organization is affiliated with the denomination.

Back to Top

EB-5 Immigrant Investors

Qualified individuals seeking permanent residence on the basis of their engagement in a new commercial enterprise can do so by applying for investor visas (EB-5 visas).

Permanent resident status based on EB-5 eligibility is available to investors and their families.

Eligibility requires:

• Establishment of a business.
• Active involvement in the business.
• Investment of at least $1 million in the business ($500,000 is acceptable in certain designated areas) which can be in cash, equipment, inventory, etc.
• Engagement in business that benefits the U.S. economy.
• Creation of full-time employment for not fewer than 10 U.S. workers.

Qualified EB-5 investors are subject to ”conditional“ permanent residence for a two-year period. During this conditional period, the EB-5 investor must continuously meet the legal requirements for such investors. Ninety days before the second anniversary of the EB-5 investor’s admission to the U.S. as a conditional permanent resident, Form I-829 must be filed to remove this provisional condition.

Back to Top