What Is Employment-Based Immigration?

Mario A. Godoy
What Is Employment-Based Immigration?

Each fiscal year, the United States issues a set number of employment-based immigration visas that enable foreign workers to obtain LPR status/green cards. The U.S. has a high demand for skilled workers and frequently cannot find American workers with the required skills to fill open jobs. And, there are many applicants for employment-based visas, so competition can be fierce for the limited number of visas that are available each year.

Requirements for An Employment-Based Green Card

In most cases, an applicant seeking a green card based on employment must have a job offer from an employer who has obtained labor certification approval from the U.S. Department of Labor. The employer usually files Form I-140, Immigrant Petition for Alien Worker, with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services USCIS) for the employment-based preference category that applies in the particular situation.

An applicant for immigration status based on employment must demonstrate the foreign applicant has the qualifications for the job. An employment-based green card attorney can help employers and visa applicants navigate the complicated employment-based visa system, and troubleshoot any potential problems and delays.

What Are the Employment-Based Visa Preference Categories?

The five employment visa preference categories are labeled E1 through E5 and ranked in order of priority.

E-B1 priority applicants are people with extraordinary abilities in the fields of sciences, arts, education, business, or athletics. These are people with national or internationally recognized ability and for that reason, may petition on their own for immigration without a job offer from an employer. Others in the first priority group include “Outstanding” professors and researchers and multinational managers and executives.

E-B2 visa category applicants are those with advanced degrees or exceptional ability in business, arts or sciences.

E-B3 category includes three sub-categories:

  • Skilled workers whose jobs require at least two years of training
  • Professionals whose jobs require a college bachelor’s degree or equivalent
  • Unskilled workers

E-B4 applicants cover a wide range of individuals who fit into very specific “Special Immigrant” categories. These include ministers and religious workers, certain government or former government employees, and employees of certain international organizations and their families.

EB-5 is the 5th employment preference category for investors who create jobs in the U.S.

Get Help From an Employment-Based Green Card Attorney

It can be difficult to demonstrate that an applicant meets employment-based immigration visa requirements. It is important to understand the requirements and fulfill them promptly and completely throughout the process so your application does not face delays or a denial.

After the USCIS approves a petition, it moves to the National Visa Center where the official application, supporting documentation, support affidavits, necessary fees, and other requirements are fulfilled.

To ensure that procedures are followed correctly, many foreign workers who want an employment-based visa benefit from an experienced employment-based green card lawyer with knowledge of the visa application and interview process. To learn how they can help you apply for a green card, call Godoy Law Office for an initial consultation at 630-912-0322.

Subscribe To Our Newsletter

Receive updates on immigration law changes that can affect you