Employment-Based Immigration - Overview

Hey everyone, here is a quick overview of Employment-based immigration. It is just another way to
enter the United State legally. This one is a little different because there are so many categories that one can fit into and are not as defined as they are in the family-based immigration. This is just an overview, so I hope to be able to go into more detail in another post.
Every fiscal year (October 1^st – September 30^th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

1. Labor Certification and Filing a Petition

To be considered for an immigrant visa under some of the employment-based categories, the immigrant's prospective employer must first obtain a labor certificate from the Department of Labor Once the Labor Certificate is obtained, the employer then files an I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. 

CATEGORIES

Employment First Preference (E1)

There are three sub-groups within this category:

1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own I-140 with no labor certificate necessary.
2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. 
3. Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. 

Employment Second Preference (E2)

Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:

1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
2. Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (E3)

Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
3. Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (E4)

A Fourth Preference applicant must be the beneficiary of an approved I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad. Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

There are many subgroups within this category:

1. Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
2. Ministers of Religion
3. Certain Employees or Former Employees of the U.S. Government Abroad - Must use DS-1884.
4. Certain Former Employees of the Panama Canal Company or Canal Zone Government
5. Certain Former Employees of the U.S. Government in the Panama Canal Zone
6. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1^st, 1979
7. Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. 
8. Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20^th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7^th, 2001, and have experienced an ongoing serious threat as a consequence of that employment. 
9. Certain Foreign Medical Graduates 
10. Certain Retired International Organization Employees
11. Certain Unmarried Sons and Daughters of International Organization Employees
12. Certain Surviving Spouses of deceased International Organization Employees
13. Special Immigrant Juveniles 
14. Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
15. Certain retired NATO-6 civilians
16. Certain Unmarried Sons and Daughters of NATO-6 civilians
17. Certain Surviving Spouses of deceased NATO-6 civilian employees
18. Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11^th, 2001, if the petition or application was rendered void due to a terrorist act on September 11^th, 2001
19. Certain Religious Workers

Employment Fifth Preference (E5)

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.

Like I said before, this is just a brief overview. I do plan on going into more details in a later post. But for now, you at leave a have an idea of who qualifies for which Employment Visas. Once again, if you have any questions or concerns, please feel free to contact me and ask me questions. I am more than happy to help!!