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Employment Visa

US Government Issue 140,000 immigrant Visa based on Employment every year to qualified candidates under rules and regulations of USCIS. Employment Visa is classified in five categories depending on the qualification and work of Applicant. Spouses and children may accompany these immigrants to US. Labor certificate is necessary in some categories to file the petition as without labor certificate it is not possible to get employment based Visa. Once a person get Labor certificate, He/she can file the petition for Visa under following categories

E1 (Employment First preference): Priority worker

An approved Form I-140, Immigrant petition for foreign worker is need for First Preference applicant to get benefit. Labor certification is not mandatory for First preference workers. This category has three sub parts for which the applicants can file petition.

  • Extraordinary ability: Person having extraordinary ability in science, arts, sports or business is considered in this category. These applicants do not require any Job offers or employers to file petition. They can themselves file the petition under USCIS.
  • Outstanding professors and Researchers: applicants with three year experience in teaching and research with international recognition are eligible for this category. Job letter and Employer’s petition under USCIS is necessary for Visa Application.
  • Multinational Managers and Executives: Employer of Affiliate, subsidiary, branch or parent company should provide a Job letter and also file petition for Foreign Worker.

E2 (Employment Second preference): Professional having advanced degrees and Exceptional

Applicant under this category must have labor certificate by Department of Labor and Job offer. Employer has to file the petition on behalf of worker under USCIS. This category has two subgroups

  • Professional holding advance degree: Baccalaureate Degree and five year experience in the profession is mandatory for this subcategory
  • Person with exceptional ability: A person having degree of Expertise in Science, Arts, or business is eligible for this category.

E3 (Employment Third Preference): Professional, Skilled workers and unskilled workers

Approved Form I-140 is required with Labor certification by Department of Labor. This category has three subgroups

  • Professionals: Members of the profession in which their Job requires at least Baccalaureate degree from any University or college in US.
  • Skilled workers: Candidates whose Job requires at least 2 years training or work experience (Temporary or seasonal)
  • Unskilled workers: persons that are eligible for Jobless than 2 years of work experience or training required.

E4 (Employment Fourth preference): Certain special Immigrants

Labor certification and approved Form I-360 petitions is required for some of the subgroups within this category.

  • Certain Former employees
  • Ministers of Religion
  • Iraqi and Afghan Interpreters/translators
  • Broadcasters in the US
  • Certain Foreign Medical Graduates
  • Certain Unmarried Sons and daughters
  • People who are beneficiaries
  • Certain religious Workers
  • Person Recruited
  • Certain Retired NATO 6 civilians
  • Certain retired International Organizations employees
  • Certain Surviving spouses of deceased NATO 6 civilians
  • Special Immigrant Juveniles

E5 (Employment Fifth Preference): Immigrant Investors

These Visas are meant for capital Investment by foreign investors in new commercial enterprises in US. You can get more details about this Visa by our Experts.