The Five Job Visa Categories

The Immigration and Nationality Act (INA) provides approximately 140,000 job visas for aliens (and their spouses and children) which are divided into five preference categories.

Job Visa Categories

Employment First Preference (E1)

Within this job visa category, there are three sub-groups:

1. Extraordinary Ability: You should demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through national or international acclaim. Your achievements should be recognized in your field and ably supported by extensive documentation. No offer of employment is required. You may petition for yourself by filing a Form I-140, Petition for Alien Worker.

2. Outstanding professors and researchers: You should demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. Though no labor certification is required for this classification, the employer has to provide a job offer and file a petition.

3. Executives and managers: You should have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the US employer. You must be coming to work in a managerial or executive capacity. Even under this job visa category, though no labor certification is required, the employer has to provide a job offer and file a petition.

Employment Second Preference (E2)

If you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability, you can get a job visa under this category. You should have a labor certification approved by the DOL. A job offer is required and the US employer must file the I-140 petition.

You can apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case you can file Form I-140, along with evidence of the national interest.

There are two subgroups within this category:

1. Persons having an advanced degree, or a baccalaureate degree and at least five years progressive experience in the profession.

2. Persons with exceptional ability in the arts, sciences, or business. You should have a degree of expertise significantly above that ordinarily encountered within the field.

Employment Third Preference (E3)

Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers come under this category. You should have an approved I-140 petition filed by the employer and also a labor certification.

There are three subgroups within this category:

1. Skilled workers: Persons capable of performing a job that requires at least two years training or experience.
2. Professionals: Persons whose job requires at least a US baccalaureate degree or a foreign equivalent and are a member of the professions
3. Other workers: Persons capable of filling positions that requires less than two years training or experience.

Employment Fourth Preference (E4)

You should be the beneficiary of an approved Form I-360, except overseas employees of the US Government who must use Form DS-1884. There are six sub groups:

1.Religious workers
2.Certain overseas employees of the US government
3.Former employees of the Panama Canal Company
4.Retired employees of international organizations
5.Certain dependents of international organization employees
6.Certain members of the US Armed Forces.

Employment Fifth Preference (E5)

You should file Form I-526. To qualify, you should invest between US $500,000 and $1,000,000, depending on the employment rate in the particular area in the US that will create at least 10 new full-time jobs for US citizens, permanent resident aliens, or other lawful immigrants, excluding the investor and his or her family.