Employment-based immigration categories are termed as such because they enter the US for employment. Yearly, the INA awards a minimum of 140,000 employment-based immigrant visas under five preference categories. This requires an employer to petition before the USCIS for you to come. The employer serves as the sponsor and you are the alien benefactor.
In some categories, the applicants are so many that someone has to wait for years before their papers will be evaluated. Here are the categories:
Employment First Preference (E1)
They are the Priority Workers with an annual quota of 40,000. These are professionals and they compose 28.6 percent of the yearly worldwide employment-based immigrants. This group is further subdivided into three sub-groups:
- Persons of extraordinary ability in the sciences, arts, education, business, or athletics. These applicants can file their own petition with the USCIS and do not need to go through an employer. Extensive documentation of your excellent performance in your field is required. Once approved, they can come to the US without a job specification from an employer and continue working on their expertise.
- Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. The eventual employer must provide a job offer and file a petition with the USCIS for this specific sub-group.
- Present executives and managers and must be coming to work in a managerial or executive position. The prospective employer must provide a job offer and file a petition with the USCIS for them.
Employment Second Preference (E2)
Professionals Holding Advanced Degrees (Ph.D, Masters or an equivalent 5 years study in a post baccalaureate degree). They may also be persons with exceptional ability in the Arts, Sciences, or Business. A job offer is required, and the U.S. employer must file a petition on behalf of the applicant. Exemptions from the job offer and labor certification can be granted if the exemption would be in the national interest. In such case, the alien files a petition for exemption supported by documents of what he claims to be a “national interest”.
Employment Third Preference (E3)
Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. All these workers need to have a petition filed by the prospective employer, 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. Presently, there is a yearly quota of 40,000 for this subgroup. However, you have to wait for years.
Employment Fourth Preference (E4)
This Special Immigrants receive 7.1 percent of the yearly worldwide limit. Certain spouses and children may join the principal special immigrant. Different types of special immigrants provided for under immigrant law include ministers, religious workers, current or former U.S. government workers, certain broadcasters, NATO employees, etc.
Employment Fifth Preference (5E)
Investors
This subgroup has an annual quota of 10,000 and is currently available to be filled by qualified investors.
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hi! i’d like to ask about this certain petition. my mother was petitioned by her employer and i left the US when i was 16, a dependent on my father’s h1b. if i was included in the petition before i left, would i still be granted a visa if it becomes current?or nulled because i was there while it’s processed?i’m already 24.. ;(
or nulled because i wasn’t there while it’s processed*