Overview
The employment-based categories are based on a foreign workers occupation and skills. Employment-based categories are subject to annual visa limits, therefore there are waiting lists in many of the categories. Applications are prioritized by the filing date of a labor certification from the U.S. Department of Labor (DOL) if required, and the filing of an Immigrant Petition for Alien Worker with the Immigration and Naturalization Service (INS).

Employment-based immigration is divided into five preference categories, as follows:

Employment First Preference (EB-1) (priority workers)

EB-1(1) This category is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics .The immigrant must provide extensive documentation to demonstrate sustained national or international recognition in their field.

EB-1(2) Executives and managers may apply under this category providing that they have been employed for at least one of the three years prior years to the filing of the petition, or, in the case of a foreign worker in the United States, one of the three years preceding entry to the U.S. as a non-immigrant, by the affiliate, parent or subsidiary of the U.S employer in a managerial or executive capacity. These applicants must be entering the United States with the intent to work in a managerial or executive position.

EB-1(3) Outstanding professors and researchers with at least three years experience in teaching and/or research in their field, and who are recognized internationally for their outstanding achievements, may also apply under this category.

EB-1 applicants are not required to obtain a labor certification.

Employment Second Preference (EB-2) (workers with advanced degrees or exceptional ability)

Applicants for this category must hold advanced degrees, or have exceptional ability in the Arts, Sciences, or Business fields, and, as a result, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States. These applicants generally must have a labor certification approved by the DOL, or establish that they qualify for one of the shortage occupations in the labor market. To apply under this category, an offer of employment is usually required, and, in such cases, the U.S. employer must file a petition on behalf of the applicant.

An individual with exceptional abilitY in the sciences, arts, or business, may apply to waive the requirement to have a job offer, if such waiver would be in the national interest.

Employment Third Preference (EB-3) (skilled workers, professional workers and other workers)

(1) Skilled workers,
(2) professionals holding baccalaureate degrees and
(3) other workers may apply under this category. Skilled workers and professionals are placed on the same waiting list for the available visas. However, other workers are placed on a separate waiting list as a result of there often being a backlog being in excess of ten years under this category.

All applicants under this category are required to have the prospective employer file an Immigrant Petition for Foreign Worker (I-140). Applicants also require a labor certification and a permanent full-time job offer.

Employment Fourth Preference (EB-4) (special immigrants)

This is referred to as a Special Immigrants Category generally for (1) foreign national religious workers and (2) employees and former employees of the U.S. Government abroad. These applicants must have received an approved Petition for Amerasian, Widow(er), or Special Immigrant (I-360). EB-4 special immigrant religious worker applicants must be entering the United States as a member of a religious denomination that has a non-profit religious organization in the United States, to provide the following services, and have been performing such religious work for the past two years:

1. As a minister or priest of a religious denomination;

2. In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or

3. In a religious vocation or occupation for the religious organization or its non-profit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)

Employment Fifth Preference (EB-5) (employment creation-immigrant investors)

The EB-5 Employment Creation Investor applicant must invest between USD$500,000 and $1,000,000 (depending on the employment rate in the area) in a new commercial enterprise in the United States that employs at least ten U.S. citizens, permanent residents or individuals holding valid temporary employment visas on a full-time basis.

Medical Examinations
Before the issuance of an immigrant visa, every applicant regardless of age, must undergo a medical examination. A designated doctor will conduct the examination. Examination costs must be borne by the applicant, in addition to the visa fees.

Police Certificates
Each visa applicant aged sixteen years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant’s nationality or current residence where the applicant has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year. A police certificate must be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of how long he or she lived there. Police certificates must cover the entire period of the applicant’s residence in any area. A certificate issued by the police authorities where you now reside must be of recent date when presented to the consular officer.

Immigration Processing Fees
In addition to the medical examination costs, the processing fee for each application is USD$115 upon filing of the Immigrant Petition for Alien Worker with the INS, and an additional USD$260 Immigrant Visa filing fee. The fee for the issuance of each visa is USD$65. Fees must be paid for each individual intending to immigrate regardless of age. The fees are non-refundable.