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Employment-Based Permanent Residence Applications

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Employment-Based Permanent Residence Applications

Employment based immigrant visas are divided into five preference categories.

Each fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law which are divided into the five categories.

We set out the categories below.

First Preference:

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.
  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..

Second Preference:

There are two subgroups within the second preference category:

  • First: Members of the professions holding advanced degrees.
  • Second: Persons with exceptional ability in the arts, sciences or business.

Third Preference:

Skilled workers, professionals and other workers.

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.

Fourth Preference:

Certain special immigrants, including religious workers.

Fifth Preference:

E5 Immigrant Investor Visas: The individual must prove that he/she has invested or is actively in the process of investing in a business which will benefit the U.S. economy and create full-time employment for at least 10 U.S. citizens or immigrant workers.

 

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