Coastal Legal Services

Congress has created five employment-based categories that have preference in immigrating to the United States.

 

 

The First Employment-Based Preference allots 40,000 immigration visas to priority workers who are:

• E-11– Foreign nationals of extraordinary ability in the sciences, arts, education, business and athletics (no job-offer or labor certification required)

• E-12 — Outstanding professors or researchers with universities or private employers with established research departments (job-offer needed but no labor certification required)

• E-13 — Executives and managers of multi-national U.S. businesses (no labor certification required)

 

 

The Second Employment-Based Preference allots about 40,000 immigration visas to foreign nationals who are:

• Foreign nationals of exceptional ability in the sciences, arts or business (job-offer and labor certification required); or

• Advanced degree professionals (job-offer and labor certification required)

• E-21– Advanced degree professionals or foreign nationals of exceptional ability in the sciences, arts or business whose work is in the national interest (job-offer and labor certification not required)

 

 

The Third Employment-Based Preferences allots about 40,000 immigration visas to:

• Professionals with bachelor’s degrees who do not qualify for the second preference category (job-offer and labor certification required)

• Skilled workers filling positions requiring at least two years of training and experience (job-offer and labor certification required)

• Unskilled workers (job-offer and labor certification required)

 

 

The Fourth Employment-Based Preference for:

• Ministers and religious workers who demonstrate an affiliation with an employer or organization (job offer required but no labor certification)

 

 

The Fifth Employment-Based Preference for alien investors allots 10,000 immigrant visas to investors who:

• Invest a minimum of $500,000 in a new or existing business that creates jobs in specified low-employment areas (no labor certification required)

• Invest a minimum of $1 million in a new or existing business anywhere else in the United States (no labor certification required)