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