Employment-Based Visa FAQ Text Size:

• How many employment-based immigrant visas are available?

• How are the employment-based immigrant visas divided?

• What type of applicant is included in the Employment First Preference (E1) category?

• What type of applicant is included in the Employment Second Preference (E2) category?

• What type of applicant is included in the Employment Third Preference (E3) category?

• What type of applicant is included in the Employment Fourth Preference (E4) category?

• What type of applicant is included in the Employment Fifth Preference (E5) category?

• How many employment-based visas are in each preference category?

• Does my future employer have to first receive labor certification approval from the US Department of Labor for me to get an immigrant visa?

• What type of petition must my employer file for me to receive an employment-based immigrant visa?

• How do I know if I'm ineligible to receive an employment-based visa?

• Am I required to take a medical examination if I want an immigrant visa?

• Are there any specific vaccinations I must have before I can receive an immigrant visa?

• Do I have to pay any fees to obtain an employment-based immigrant visa?

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Q:

How many employment-based immigrant visas are available?

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• A:

  The US offers around 140,000 employment-based visas for qualified applicants under the Immigration and Nationality Act.

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Q:

How are the employment-based immigrant visas divided?

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• A: They're divided into five preference categories:

  • Employment First Preference (E1)
  • Employment Second Preference (E2)
  • Employment Third Preference (E3)
  • Employment Fourth Preference (E4)
  • Employment Fifth Preference (E5)

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Q:

What type of applicant is included in the Employment First Preference (E1) category?

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• A: This category contains priority workers who are divided into three sub-groups:

  • Individuals with extraordinary abilities in arts, athletics, business, education and sciences
  • Outstanding internationally recognized professors and researchers with at least three years experience
  • Multinational managers or executives who have worked for at least one year with a branch, affiliate, parent or subsidiary of a US employer

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Q:

What type of applicant is included in the Employment Second Preference (E2) category?

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• A:

  This category contains professionals that hold an advanced degree and persons with exceptional ability in business, art or science.

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Q:

What type of applicant is included in the Employment Third Preference (E3) category?

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• A: This category contains applicants from three subgroups:

  • Skilled workers with at least two years of work experience or training
  • Professionals with jobs that require at least a baccalaureate degree or a foreign equivalent degree
  • Unskilled workers that can fill jobs that require less than two years of work experience or training

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Q:

What type of applicant is included in the Employment Fourth Preference (E4) category?

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• A: This category contains many different kinds of special immigrants, including:

  • Broadcasters employed by the International Broadcasting Bureau of the Broadcasting Board of Governors
  • Certain former employees of the Panama Canal Company
  • Ministers of religion
  • Iraqi and Afghan interpreters who helped the US armed forces
  • Certain retired NATO-6 civilians

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Q:

What type of applicant is included in the Employment Fifth Preference (E5) category?

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• A:

  This category contains immigrant investors who must invest between $500,000 and $1 million in a US commercial enterprise, which creates at least 10 new full-time jobs.

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Q:

How many employment-based visas are in each preference category?

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• A: The visas are divided by these percentages:

  • Employment First Preference (E1) – 28.6 percent
  • Employment Second Preference (E2) – 28.6 percent
  • Employment Third Preference (E3) – 28.6 percent
  • Employment Fourth Preference (E4) – 7.1 percent
  • Employment Fifth Preference (E5) – 7.1 percent

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Q:

Does my future employer have to first receive labor certification approval from the US Department of Labor for me to get an immigrant visa?

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• A:

  Your employer must generally obtain labor certification approval for two preference categories: Employment Second Preference (E2) and Employment Third Preference (E3).

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Q:

What type of petition must my employer file for me to receive an employment-based immigrant visa?

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• A:

  Usually, your employer must file an Immigrant Petition for Alien Worker, Form I-140, for the appropriate preference category. The form must be filed with the U.S. Citizenship and Immigration Services (USCIS).

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Q:

How do I know if I'm ineligible to receive an employment-based visa?

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• A:

  A number of different activities and conditions can make you ineligible for a visa even though you fit a preference category. However, this ineligibility can be waived. For more information, visit the US Department of State, Bureau of Consular Affairs.

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Q:

Am I required to take a medical examination if I want an immigrant visa?

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• A:

  You must undergo a medical examination before an immigrant visa will be issued to you.

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Q:

Are there any specific vaccinations I must have before I can receive an immigrant visa?

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• A:

  You're required to have certain vaccinations prior to your visa issuance. The US Department of State, Bureau of Consular Affairs, gives you notice as to which vaccinations are required.

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Q:

Do I have to pay any fees to obtain an employment-based immigrant visa?

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• A:

  There are numerous fees you may have to pay, from applications fees to medical examination costs. For up-to-date information, check the current fees for US Department of State services and for the Department of Homeland Security’s US Citizenship and Immigration Services (USCIS).