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Employment-Based Immigration Visas

by Hamid R. Kashani, Attorney at Law
Nov 07, 2018 (last modified Nov 30, 2018)

Employment-based immigrant visas are organized in five (5) preference classes. Each class has a number of sub-classes. In most cases, the visa application process starts with a petition by the U.S. employer requesting that the USCIS approve the prospective employee's classification under one of the available visa classes. Most categories require labor certification by the United States Department of Labor, prior to the consideration of the petition by the USCIS.

Preference Visa Code Description Comments
1st EB-1A People of Extraordinary Ability No Labor Certificate Needed
Self-Petition
EB-1B Outstanding Professors & Researchers No Labor Certificate Needed
Employer Must Petition
EB-1C Multinational Managers & Executives No Labor Certificate Needed
Employer Must Petition
2nd EB-2A Advanced Degree Professionals Labor Certificate Required
Employer Must Petition
EB-2B People of Exceptional Ability Labor Certificate Required
Employer Must Petition
EB-2C or
EB-2 NIW
National Interest Waiver No Labor Certificate Needed
Self-Petition or
Employer May Petition
3rd EB-3A Professionals Labor Certificate Required
Employer Must Petition
EB-3B Skilled Workers Labor Certificate Required
Employer Must Petition
EB-3C Unskilled Workers Labor Certificate Required
Employer Must Petition
4th EB-4 Special Immigrants
  • Religious Workers
  • Special Immigrant Juveniles
  • Broadcasters
  • G-4 International Organization Employees & Their Family
  • NATO-6 Employees & Their Family
  • International Employees of the U.S. Government Abroad
  • Armed Forces Members
  • Panama Canal Zone Employees
  • Certain Physicians
  • Afghan and Iraqi Translators
  • Afghans and Iraqis Who Provided Faith Service in Support of U.S. Operations
Requirements Vary
5th EB-5 Investment Visa, Direct Investment No Labor Certificate Needed
EB-5 Investment Visa, Regional Center No Labor Certificate Needed

 

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