Employment-Based Visas (Permanent)

The Immigration and Nationality Act (INA) provides for 140,000 employment-based immigrant visas every year. The INA employment-based visas are divided into five preference categories which 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). At Sever-Storey, LLP, our attorneys are experienced in filing all types of employment-based visas. Please give our firm a call to see if you qualify for one of the yearly employment based visas.

EB-1: First Preference

First Preference, E-1 visas account for 28.6 percent of the yearly total of visas under the INA. These priority workers must be the beneficiaries of an approved Form I-140 (Immigrant Petition for Foreign Worker) filed with the USCIS. E-1 visas are divided into three categories:

  1. Persons of Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics.
  2. Outstanding Professors and Researchers.
  3. Certain Executives and Managers.

EB-2: Second Preference

E-2 visas holders are broken into two sub-categories: (1) Professionals Holding Advanced Degrees, and (2) Persons of Exceptional Ability in the Arts, Sciences, or Business. E-2 visas receive 28.6 percent of the yearly total under the INA, plus any unused E-1 visas. All E-2 visa applicants must have a labor certification approved by the DOL, or have a Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. E-2 visa applicants are required to show a job offer, and the U.S. employer must file a petition on behalf of the applicant.

EB-3: Third Preference

Under the INA, E-3 visas receive 28.6 percent of the yearly total of employment-based visas, plus any unused E-1 and E-2 visas. All applicants for E-3 visas require an approved I-140 petition filed by the prospective employer. Additionally, all applicants require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. The following are sub-groups within E-3:

  1. Skilled Workers' persons capable of performing a job requiring at least two years training or experience.
  2. Professionals with a Baccalaureate Degree - members of a profession with at least a university bachelor's degree.
  3. Other Workers' those persons capable of filing positions requiring less two years training or experience.

EB-4: Fourth Preference

E-4 visas are issued to Special Immigrants and receive 7.1 percent of the yearly limit under the INA. All such applicants must be the beneficiary of an approved I-360 (Petition for Special Immigrant), and certain spouses and children may accompany or follow-to-join the principal special immigrant. Some examples of special immigrants provided for under the E-4 category are listed below:

  1. Ministers of Religion
  2. Certain Employees or Former Employees of the U.S. Government Abroad
  3. Certain Religious Workers
  4. Certain Retired International Organization Employees

EB-5: Fifth Preference

7.1 percent of the worldwide limit of employment-based visas under the INA go to Employment Creation Investors. To qualify, an alien must invest between $500,000 and $1,000,000 in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent lawful residents, or other lawful immigrants. All applicants in this preference category must file Form I-526 (Immigrant Petition by Alien Entrepreneur) with the USCIS.

Keep in mind that all applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States. The attorneys at Sever-Storey, LLP know exactly which documents and evidentiary material are needed for each individual category. Please contact our attorneys for all of your employment-based immigration visa assistance.

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