Kananchuk Law Office

Employment-based
Immigrant Visas

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The Immigration and Nationality Act (INA) indeed includes five employment-based preference classifications for individuals seeking permanent residency (green cards) based on their employment. These classifications are commonly referred to as employment-based green card preference categories. Each category is designated by a preference level, from EB-1 to EB-5, with specific eligibility requirements and numerical limits for the allocation of green cards.

1. Employment-Based 1st Preference Category

The Employment-Based 1st Preference (EB-1) category is one of the employment-based preference categories for individuals seeking permanent residency (green cards) based on their employment in the United States. The EB-1 category is reserved for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. Here's an overview of each subgroup within the EB-1 category:

EB-1A: Extraordinary Ability

This subgroup is for individuals with extraordinary ability in their field, such as the sciences, arts, education, business, or athletics. Extraordinary ability is demonstrated by sustained national or international acclaim and recognized achievements in the respective field;
Applicants must provide evidence of their extraordinary ability, including awards, publications, membership in professional organizations, and other achievements.

EB-1B: Outstanding Professors and Researchers

The EB-1B subgroup is for outstanding professors and researchers with a significant record of achievement in their academic or research careers;
Applicants must have at least three years of experience in teaching or research and must be offered a tenured or tenure-track teaching or research position at a U.S. university or research institution

EB-1C: Multinational Executives or Managers

The EB-1C subgroup is for multinational executives or managers who have been employed abroad by a qualifying multinational company and are coming to the United States to continue their employment in a managerial or executive capacity;
The U.S. and foreign companies must have a qualifying relationship, typically involving common ownership and control.

Key points about the EB-1 category include:

EB-1 applicants do not need to go through the labor certification process, which is typically required in other employment-based categories. This exemption expedites the green card application process;
There are no strict numerical limits on the number of green cards available to EB-1 applicants, which means there is often no waiting period for visa numbers to become available;
EB-1 green card applicants can apply for adjustment of status if they are already in the United States or go through consular processing if they are outside the country;
In some cases, premium processing is available for Form I-140 petitions filed in the EB-1 category, allowing for faster processing times.

It's important to note that the criteria for demonstrating extraordinary ability, outstanding research or teaching, or qualifying as a multinational executive or manager can be rigorous. Applicants must provide substantial evidence to support their eligibility. Consulting with our experienced immigration attorney will help to ensure a successful EB-1 green card application.

2. Employment-Based 2nd Preference Category

The Employment-Based 2nd Preference (EB-2) category is one of the employment-based preference categories for individuals seeking permanent residency (green cards) based on their employment in the United States. The EB-2 category is primarily for individuals with advanced degrees or exceptional ability in their field. Here's an overview of the two primary subgroups within the EB-2 category:

EB-2A: Advanced Degree Professionals

The EB-2A subgroup is for individuals with an advanced degree or its equivalent and a job offer that requires an advanced degree. This typically includes individuals with master's degrees, doctoral degrees, or foreign equivalents;
For some applicants in this category, a labor certification may be required. However, certain applicants may qualify for a National Interest Waiver (NIW), which allows them to bypass the labor certification process. To qualify for the NIW, the applicant must demonstrate that their work is in the national interest of the United States.

EB-2B: Exceptional Ability

The EB-2B subgroup is for individuals with exceptional ability in their field. Exceptional ability is demonstrated by sustained national or international acclaim and recognized achievements. This subgroup is broader and may include professionals without advanced degrees;
Applicants in the exceptional ability category may require a labor certification unless they qualify for a National Interest Waiver (NIW) based on the national interest of the United States.

EB-1C: Multinational Executives or Managers

The EB-1C subgroup is for multinational executives or managers who have been employed abroad by a qualifying multinational company and are coming to the United States to continue their employment in a managerial or executive capacity;
The U.S. and foreign companies must have a qualifying relationship, typically involving common ownership and control.

Key points about the EB-2 category include:

In cases where a labor certification is required, the employer must go through a labor certification process to demonstrate that there are no qualified U.S. workers available for the job and that hiring the foreign worker will not negatively impact the U.S. labor market;
The EB-2 category is subject to numerical limits, and the demand for green cards in this category can result in waiting periods, especially for applicants born in countries with high demand;
Premium processing is often available for Form I-140 petitions filed in the EB-2 category, allowing for faster processing times.

The EB-2 category provides a pathway for individuals with advanced degrees or exceptional ability to obtain green cards. It's important for applicants to provide substantial evidence of their qualifications, whether it's through academic achievements, work experience, publications, awards, or other accomplishments. Consulting with our experienced immigration attorney is often advisable to navigate the EB-2 green card application process successfully.

3. Employment-Based 3rd Preference Category

The Employment-Based 3rd Preference (EB-3) category is one of the employment-based preference categories for individuals seeking permanent residency (green cards) based on their employment in the United States. The EB-3 category encompasses a range of skilled workers, professionals, and other workers. Here's an overview of the three primary subgroups within the EB-3 category:

EB-3A: Skilled Workers

The EB-3A subgroup is for skilled workers who have at least two years of job experience or training in a particular occupation;
A labor certification is typically required, which involves demonstrating that there are no qualified U.S. workers available for the job, and the employment of the foreign worker will not negatively impact the U.S. labor market.

EB-3B: Professionals

The EB-3B subgroup is for professionals with a bachelor's degree or foreign equivalent who are coming to the United States to perform work that requires a baccalaureate degree;
As with skilled workers, a labor certification is generally required to establish the unavailability of qualified U.S. workers.

EB-3C: Other Workers:

The EB-3C subgroup is for unskilled or low-skilled workers in jobs that require less than two years of experience or training;
A labor certification is also typically required for EB-3C applicants to demonstrate the unavailability of qualified U.S. workers.

Key points about the EB-3 category include:

Applicants in the EB-3 category may face waiting periods for visa numbers to become available, particularly for individuals born in countries with high demand;
The labor certification process, when required, involves the employer's recruitment efforts and demonstrating that there is a shortage of qualified U.S. workers for the job;
There are separate annual numerical limits (quotas) for skilled workers, professionals, and other workers within the EB-3 category;

The EB-3 category provides a pathway to permanent residency for a diverse group of foreign workers with different levels of skills and education. Given the labor certification requirement and the complexities of the immigration process, consulting with our experienced immigration attorney is often advisable to navigate the EB-3 green card application process successfully.

4.Employment-Based 4th Preference Category

The Employment-Based 4th Preference (EB-4) category is one of the employment-based preference categories for individuals seeking permanent residency (green cards) based on their employment in the United States. The EB-4 category is specifically designated for special immigrants, including individuals with unique qualifications or roles. Here's an overview of the EB-4 category:

EB-4: Special Immigrants: the EB-4 category is primarily reserved for “special immigrants“ who fall into various subcategories based on their qualifications, roles, or circumstances. These special immigrants may include:

Religious Workers

Religious workers are individuals working in religious vocations or occupations, such as ministers, priests, or religious missionaries. They must be recognized by a bona fide religious organization in the United States.

Former U.S. Government Employees

This subgroup includes individuals who were formerly employed by the U.S. government or its various international organizations and are returning to the United States after working abroad.

Afghan and Iraqi Translators/Interpreters

Translators and interpreters from Afghanistan and Iraq who have worked directly with the U.S. government or the U.S. military and have faced threats as a result of their service.

International Broadcasters

Certain employees of international broadcasting organizations, such as Voice of America, who have worked as journalists or broadcasters.

Physicians

Certain foreign medical graduates who have been granted a National Interest Waiver (NIW) and have served as medical doctors in medically underserved areas.

Members of the Armed Forces

Individuals who have served in the U.S. Armed Forces.

Other Special Immigrants

This category includes individuals with unique qualifications or circumstances who may qualify for special immigrant status based on statutory eligibility criteria.

Key points about the EB-4 category include:

The EB-4 category is unique because it is not based on a specific employment preference or labor certification process but rather on the specific qualifications or roles of the applicants;
The eligibility criteria for special immigrants can vary significantly depending on the specific subcategory and circumstances.

Applicants in the EB-4 category must meet the eligibility criteria for their specific subcategory, and they must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to seek special immigrant status.Given the diversity of special immigrant subcategories and the specific eligibility criteria associated with each, applicants in the EB-4 category may benefit from consulting with our immigration attorney who can help you navigate the application process and ensure you meet the necessary requirements.

5.Employment-Based 5th Preference Category

The Employment-Based 5th Preference (EB-5) category is one of the employment-based preference categories for individuals seeking permanent residency (green cards) based on their employment in the United States. The EB-5 category is unique because it is designed for immigrant investors who make qualifying investments in new commercial enterprises that create jobs in the United States. Here's an overview of the EB-5 category:

EB-5: Immigrant Investors: The EB-5 category is specifically for immigrant investors who meet the criteria for making qualifying investments in new commercial enterprises in the United States. There are two primary investment options within the EB-5 category:

Direct Investment (EB-5 Individual Investor):

In this option, the investor directly invests in a new commercial enterprise or a troubled business that creates or preserves a certain number of full-time jobs for qualifying U.S. workers;
The minimum investment amount for a direct EB-5 investment can vary depending on the location of the enterprise, with lower investment thresholds for targeted employment areas (TEAs), which are areas with high unemployment or in rural regions.

Regional Center Investment (EB-5 Regional Center):

The EB-5 Regional Center program allows investors to invest in a new commercial enterprise or a troubled business through a regional center, which is an entity that is approved by U.S. Citizenship and Immigration Services (USCIS);
The minimum investment amount for a regional center EB-5 investment is generally lower than for the direct investment option, and it is typically $900,000 for TEAs and $1.8 million for non-TEAs.

Key points about the EB-5 category include:

The primary goal of the EB-5 program is to stimulate economic growth and job creation in the United States through immigrant investment;
To qualify for the EB-5 program, investors must make the required investment in a new commercial enterprise, create or preserve jobs for qualifying U.S. workers, and meet all other eligibility criteria;
EB-5 investors and their immediate family members (spouse and unmarried children under 21) are eligible to apply for conditional green cards. After a conditional period, they can apply for the removal of conditions to obtain permanent green cards;
The EB-5 program is subject to various rules and regulations, and the regional center option has been extended and reauthorized by Congress multiple times. Investors must ensure they comply with the program's requirements.

Book a consultation

Kananchuk Law Office can help you understand the specific requirements and navigate the application process, as the employment-based category involves complex rules and regulations related to investment, job creation, and immigration.
Schedule your consultation today to discuss your specific situation.

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