Overview

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

Link to the U.S. Department of State Visa Bulletin

  • 1st Employment Preference: "Priority Workers" — does not require a Labor Certification

    E-1-1

    Persons with "extraordinary ability" in arts, sciences, education, business or athletics (this is the only category in which it is not necessary to have a "sponsoring employer")

    E-1-2

    Outstanding professors and researchers

    E-1-3

    Multinational executives and managers
  • 2nd Employment Preference

    E-2-1

    1. Professionals holding advanced degrees (or bachelor's degree plus 5 years of "progressive experience") — always requires a "Labor Certification"
    2. Persons of "exceptional ability" in the sciences, arts or business — no Labor Certification necessary if a "national interest waiver" is approved
  • 3rd Employment Preference (always requires a "Labor Certification")

    E-3-1

    Skilled workers with at least 2 years of training or experience

    E-3-2

    Professionals with baccalaureate degrees

    E-W-3

    "Unskilled" workers (limited to 10,000 "Green Cards" per year)
  • 4th Employment Preference

    S-D-1

    Ministers, religious workers and other "Special Immigrants"
  • 5th Employment Preference

    C-5-1

    Investment outside target employment areas

    T-5-1

    Investment in target employment areas