Employment Based Immigration

The employment-based (EB) preference system contains five preferences. The first employment-based preference (EB-1) is available to persons of “extraordinary ability,” “outstanding professors and researchers,” and certain “executives” and “managers” of multinational organizations. The second preference (EB-2) is for people in the “national interest” and those sponsored for a labor certification, who are being sponsored for jobs requiring at least a master’s degree or bachelor’s degree plus five years of work experience (or greater). The third preference (EB-3) is for all other workers who usually must be progressive sponsored for a labor certification issued by the Department of Labor to prove worker shortage. The fourth preference (EB-4) is principally for religious workers, and the fifth (EB-5) is for investors.

The limit for employment-based preference visas is 140,000, plus unused family-sponsored preference visas from the previous year. Shortage of visa numbers creates a waiting list administered by the Department of State.

Read more about our Employment Immigration Law Practice Group.