Employment-Based Immigration
What Type of Immigrant Employment Visas are Available?
Immigrants may enter and work in the United States and obtain permanent resident status if they qualify under one of the employment-based categories. Practically speaking, most immigrant usually begin working for a company with a non-immigrant visa (such as a H1B or L visa) prior to their employer sponsoring them for one of the employment-based immigrant visas.
The major difference between the different employment categories is the education and skill requisites. The higher the employment category you qualify for, the shorter the waiting period in obtaining a permanent resident card. For example, a person who qualifies under the EB-1 category has no waiting period while a person who only qualifies for an EB-3 category will have to wait approximately two years. This is described in detail below.
Immigrant visas fall under the following immigrant (permanent residence) categories:
- EB-1 PRIORITY WORKERS
- EB-2 ADVANCED DEGREE PROFESSIONALS AND ALIENS OF EXCEPTIONAL ABILITY
- EB-3 PROFESSIONAL WORKERS, SKILLED WORKERS AND OTHER WORKERS
- EB-4 CERTAIN SPECIAL IMMIGRANTS
- EB-5 INVESTORS
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 Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
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. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
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. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
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.
Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
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.
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.
Religious Workers Broadcasters Iraqi/Afghan Translators Iraqis Who Have Assisted the United States International Organization Employees Physicians Armed Forces Members Panama Canal Zone Employees Retired NATO-6 employees Spouses and Children of Deceased NATO-6 employees
Generally speaking, under this category, an investor must invest a minimum of $1,000,000 in a "new commercial enterprise." In certain instances, the limit is reduced to $500,000 for investments in "targeted employment areas" (high unemployment or rural area). Among other requirements, the investor must create or preserve at least ten (10) full-time jobs for qualifying U.S. workers within 2 years.
Waiting Periods for the Different Employment-Based Categories
Much like family-based petitions, employment-based petitions are also subject to waiting periods and limits.
Visa Bulletin for December 2013
For each employment category, there are waiting periods (except for immediate relatives). The table below shows which applications are currently being processed at this time. If the table shows the letter "C" it means that the immigrant visa is currently available. If the table shows a date, it means USCIS is currently looking at applications FILED ON OR BEFORE that date.
| Employment Pref |
All Countries Except Listed |
China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| 1st | C | C | C | C | C |
| 2nd | C | 08NOV08 | 15NOV04 | C | C |
| 3rd | 01OCT11 | 01OCT11 | 01SEP03 | 01OCT11 | 08JAN07 |
| 4th | C | C | C | C | C |
| 5th | C | C | C | C | C |
Each of these immigration employment-based visas have different requirements that must be met. For more information on employment-based visa requirements or any questions, please call us at 405.600.9910.
***PLEASE NOTE THAT THIS IS NOT AN EXHAUSTIVE LIST OF IMMIGRANT EMPLOYMENT-BASED VISAS***