Employment-Based Immigrant Visa.note¶
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Employment-Based Immigrant Visa
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Important Notice: Same-sex Marriage
Overview
Every fiscal year (October 1st – September 30th), approximately 140,000 employment-
based immigrant visas are made available to qualified applicants under the provisions of
U.S. immigration law. Employment based immigrant visas are divided into five
preference categories. Certain spouses and children may accompany or follow-to-join
employment-based immigrants.
Overview
The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition
Employment First Preference (E1): Priority Workers
Employment Second Preference (E2): Professionals Holding Advanced Degrees and P
ersons of Exceptional Ability
Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Wor
kers (Other Workers)
Employment Fourth Preference (E4): Certain Special Immigrants
Employment Fifth Preference (E5): Immigrant Investors
Next Steps - Fees and Visa Application
Can My Family Members also Receive Immigrant Visas?
Numerical Limitations
Fees
Required Documentation
Visa Interview
Medical Examinations and Vaccinations
Vaccination Requirements
How Long Does It Take?
Visa Ineligibility
Misrepresentation of Material Facts or Fraud
When You Have Your Immigrant Visa - What You Should Know
Entering the U.S. - Port of Entry
How to Apply for a Social Security Number Card
When You Are a Permanent Resident
Additional Information
General Visa Questions
The First Steps toward an Immigrant Visa: Labor Certification and Filing
a Petition
To be considered for an immigrant visa under some of the employment-based categories
below, the applicant's prospective employer or agent must first obtain a labor
certification approval from the . Once received (if required), the
employer then files an , with the U.S.
Citizenship and Immigration Services (USCIS) for the appropriate employment-based
preference category. (NOTE: Persons with extraordinary abilities in the Employment First
preference category are able to file their own petitions.) When filing the
, see the detailed form instructions, as well as more
detailed requirements information on the USCIS webpage.
CATEGORIES
Employment First Preference (E1): Priority Workers
A First Preference applicant must be the beneficiary of an approved
, filed with USCIS. Labor certification is not required for any
of the Priority Worker subgroups. Priority Workers receive 28.6 percent of the yearly
worldwide limit of employment-based immigrant visas.
There are three sub-groups within this category:
Department of Labor
Immigrant Petition for Alien Worker, Form I-140
Immigrant Petiti
on for Alien Worker, Form I-140
Permanent Workers
Immigrant Petition fo
r Foreign Worker, Form I-140
Persons with extraordinary ability in the sciences, arts, education, business, or
athletics. Applicants in this category must have extensive documentation showing
sustained national or international acclaim and recognition in their fields of expertise.
Such applicants do not have to have specific job offers, so long as they are entering
the U.S. to continue work in the fields in which they have extraordinary ability. Such
applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with
the USCIS.
Outstanding professors and researchers with at least three years experience in
teaching or research, who are recognized internationally. Applicants in this category
must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable
research position at a university or other institution of higher education. The
prospective employer must provide a job offer and file an Immigrant Petition for Alien
Worker, Form I-140, with the USCIS.
1.
2.
Employment Second Preference (E2): Professionals Holding Advanced Degrees and
Persons of Exceptional Ability
A Second Preference applicant must generally have a labor certification approved by the
. A job offer is required and the U.S. employer must file an
, on behalf of the applicant. Applicants may apply
for an exemption, known as a , from the job offer and labor
certification if the exemption would be in the national interest. In this case, the
applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140,
along with evidence of the national interest. Professionals Holding Advanced Degrees
and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of
employment-based immigrant visas, plus any unused visas from the Employment First
Preference category.
There are two subgroups within this category:
Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled
Workers (Other Workers)
A Third Preference applicant must have an approved
, filed by the prospective employer. All such workers generally require labor
certification approved by the . Skilled Workers, Professionals, and
Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of
employment-based immigrant visas, plus any unused visas from the Employment First
Preference and Second Preference categories.
There are three subgroups within this category:
Multinational managers or executives who have been employed for at least one
of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of
the U.S. employer. The applicant’s employment outside of the U.S. must have been in
a managerial or executive capacity, and the applicant must be coming to work in a
managerial or executive capacity. The prospective employer must provide a job offer
and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
Department of Labor Immigra
nt Petition for Alien Worker, Form I-140
National Interest Waiver
Professionals holding an advanced degree (beyond a baccalaureate degree), or
a baccalaureate degree and at least five years progressive experience in the
profession.
Persons with exceptional ability in the sciences, arts, or business. Exceptional
ability means having a degree of expertise significantly above that ordinarily
encountered in the sciences, arts, or business.
Immigrant Petition for Alien Worke
r, Form I-140
Department of Labor
Skilled workers are persons whose jobs require a minimum of 2 years training or
work experience that are not temporary or seasonal.
3.
1.
2.
1.
Employment Fourth Preference (E4): Certain Special Immigrants
A Fourth Preference applicant must be the beneficiary of an approved
, with the exception of Certain
Employees or Former Employees of the U.S. Government Abroad (see number 3 below).
Labor certification is not required for any of the Certain Special Immigrants subgroups.
Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-
based immigrant visas.
There are many subgroups within this category:
Professionals are members of the professions whose jobs require at least a
baccalaureate degree from a U.S. university or college or its foreign equivalent
degree.
Unskilled workers (Other workers) are persons capable of filling positions that
require less than two years training or experience that are not temporary or
seasonal.
Petition for Amera
sian, Widow(er), or Special Immigrant, Form I-360
Broadcasters in the U.S. employed by the International Broadcasting Bureau of the
Broadcasting Board of Governors or a grantee of such organization
Ministers of Religion
Certain Employees or Former Employees of the U.S. Government Abroad - Must
use
Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An
Employee Or Former Employee of the U.S. Government Abroad
Certain Former Employees of the Panama Canal Company or Canal Zone
Government
Certain Former Employees of the U.S. Government in the Panama Canal Zone
Certain Former Employees of the Panama Canal Company or Canal Zone
Government on April 1st, 1979
Iraqi and Afghan interpreters/translators who have worked directly with the
United States armed forces or under Chief of Mission authority as a
translator/interpreter for a period of at least 12 months and meet requirements. This
classification has an annual numeric limitation of 50 visas. See Special Immigrant
Visas for for more information.Iraqi and Afghan Translators/Interpreters
2.
3.
1.
2.
3.
4.
5.
6.
7.
Employment Fifth Preference (E5): Immigrant Investors
Immigrant Investor visa categories are for capital investment by foreign investors in
new commercial enterprises in the United States which provide job creation. Select
to learn more about this employment-based category.
Next Steps – Fees and Visa Application
Iraqi and Afghan nationals who have provided faithful and valuable
service while employed by or on behalf of the U.S. government in Iraq for not less
than one year on or after March 20th, 2003 and prior to September 30, 2013, or in
Afghanistan for not less than one year after October 7th, 2001, and have
experienced an ongoing serious threat as a consequence of that employment. See
Special Immigrant Visas for
and for more
information.
Iraqis - Worked for/on behalf of the U.S.
Government Afghans - Worked for/on behalf of the U.S. Government
Certain Foreign Medical Graduates (Adjustments Only)
Certain Retired International Organization Employees
Certain Unmarried Sons and Daughters of International Organization Employees
Certain Surviving Spouses of deceased International Organization Employees
Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
Persons Recruited Outside of the United States Who Have Served or are Enlisted
to Serve in the U.S. Armed Forces
Certain retired NATO-6 civilians
Certain Unmarried Sons and Daughters of NATO-6 civilians
Certain Surviving Spouses of deceased NATO-6 civilian employees
Persons who are beneficiaries of petitions or labor certification applications filed
prior to September 11th, 2001, if the petition or application was rendered void due
to a terrorist act on September 11th, 2001
Certain Religious Workers
Imm
igrant Investor Visas
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once
received, the NVC will assign a case number for the petition. When an applicant’s
meets the most recent , the NVC will instruct the applicant to
complete , Choice of Address and Agent. (NOTE: If you already have an
attorney, the NVC will not instruct you to complete Form DS-261.) The NVC will begin
pre-processing the applicant’s case by providing the applicant with instructions to
submit the appropriate fees. After the appropriate fees are paid, the NVC will request
that the applicant submit the necessary immigrant visa documents, including application
forms, civil documents, and more. Learn more about visa case
processing.
Can My Family Members also Receive Immigrant Visas?
Based on your approved petition, your spouse and minor unmarried children, younger
than 21, may apply for immigrant visas with you. Like you, they must also fill out
required application forms, obtain required civil documents, pay the required fees, and
undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful
Permanent Residents (LPRs), along with their minor children, are now eligible for the
same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies
and Consulates will adjudicate their immigrant visa applications upon receipt of an
approved I-130 or I-140 petition from . For further information, please see our
.
Numerical Limitations
All categories of employment-based immigrant visas are issued in the chronological
order in which the petitions were filed until the annual numerical limit for the category is
reached. The filing date of a petition becomes the applicant's . Immigrant
visas cannot be issued until an applicant's priority date is reached. In certain heavily
oversubscribed categories, there may be a waiting period of several years before a
priority date is reached. Check the for the latest priority dates.
Fees
Fees are charged for the following services:
priorit
y date qualifying date
Form DS-261
National Visa Center
USCIS FA
Q’s
priority date
Visa Bulletin
Filing of Immigrant Petition for Alien Worker, Form I-140, or Petition for Amerasian,
Widow(er), or Special Immigrant, Form I-360 (this fee is charged by USCIS)
Processing an immigrant visa application, Form DS-260 (see Notebelow)
Medical examination and required vaccinations (costs vary)
For current fees for Department of State services, see . For current
fees for USCIS services, see on the USCIS website.
Note: Fees must be paid for each intending immigrant, regardless of age, and are not
refundable.
Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you
have your visa interview unless specifically requested. Applicants will be provided with
instructions by the NVC on where and when to pay the appropriate fees. Do not send
payments to the NVC’s address in Portsmouth, New Hampshire.
Required Documentation
In general, the following documents are required:
Other costs may include: translations; photocopying charges; fees for obtaining the
documents you need for the immigrant visa application (such as passport, police
certificates, birth certificates, etc.); and expenses for travel to the U.S. Embassy or
Consulate for your visa interview. Costs vary from country to country and case to
case.
Fees for Visa Services
Check Filing Fees
Passport(s) valid for 60 days beyond the expiration date printed on the immigrant
visa
, Immigrant Visa and Alien Registration Application.Form DS-260
Preview a DS-260 (6.4MB).sample
Two (2) 2x2 photographs. See the required photo format explained in Photograph
Requirements.
Civil Documents for the applicant. See for
more specific information about documentation requirements, including information
on which documents may need to be translated. The consular officer may ask for
more information during your visa interview. Bring your original civil documents (or
certified copies) such as birth and marriage certificates, as well as legible
photocopies of the original civil documents, and any required translations to your
immigrant visa interview. Original documents and translations can then be returned
to you.
Documents the Applicant Must Submit
Financial Support – At your immigrant visa interview, you must demonstrate to the
consular officer that you will not become a in the United States. (NOTE:
For applicants where a U.S. citizen or lawful permanent resident (LPR) relative filed
the Form I-140 petition or where such a relative has a significant ownership interest
in the entity that filed the petition, that relative must complete
, on behalf of the applicant.)
public charge
Form I-864, Affidavit
of Support Under Section 213A of the Act
Visa Interview
Once the NVC determines the file is complete with all the required documents, they
schedule the applicant’s interview appointment. NVC then sends the file, containing the
applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate
where the applicant will be interviewed for a visa. The applicant, attorney, and third-
party agent, if applicable, will receive appointment emails, or letters (if no email address
is available), containing the date and time of the applicant's visa interview along with
instructions, including guidance for obtaining a medical examination.
Each applicant should bring a valid passport to the interview, as well as any other
documentation above not already provided to NVC. A consular officer will interview the
applicant, and the consular officer will determine whether the applicant is eligible to
receive an immigrant visa in accordance with U.S. immigration law. Ink-free, digital
fingerprint scans will be taken on the day of the interview. Generally, an applicant
receives original civil documents and original translations back at the time of interview.
Medical Examinations and Vaccinations
Important Notice: In preparing for your interview, you will need to schedule and
complete your medical examination and any required vaccinations before your visa
interview. Before an immigrant visa can be issued, every applicant, regardless of
age, must undergo a medical examination which must be performed by an
authorized panel physician. NVC provides applicants instructions regarding medical
examinations, including information on authorized panel physicians. See
for more information, including a list of panel physicians by country, and frequently
asked questions.
Vaccination Requirements
U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations
prior to the issuance of immigrant visas. See
for the list of required vaccinations and additional information.
How Long Does It Take?
Completed Medical Examination Forms – These are provided by the panel
physician after you have completed your medical examination and vaccinations (see
below).
Medical Examina
tion
Vaccination Requirements for IV
Applicants
Employment based immigrant visa cases take additional time because they are in
numerically limited visa categories. The length of time varies from case to case and
cannot be predicted for individual cases with any accuracy. Some cases are delayed
because applicants do not follow instructions carefully. Some visa applications require
further , which takes additional time after the consular officer
interviews the applicant.
Visa Ineligibility
Certain conditions and activities may make an applicant ineligible for a visa. Examples of
these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting
fraudulent documents. If you are ineligible for a visa, you will be informed by the
consular officer and advised whether there is a waiver of the ineligibility available to you
and what the waiver process is. contains the complete
list of ineligibilities.
Misrepresentation of Material Facts or Fraud
Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud
may result in you becoming permanently ineligible to receive a U.S. visa or enter the
United States.
When You Have Your Immigrant Visa - What You Should Know
If you are issued an immigrant visa, the consular officer will give you your passport
containing the immigrant visa and a sealed packet containing the documents which you
provided. It is important that you do not open the sealed packet. Only the U.S.
immigration official should open this packet when you enter the United States. You are
required to enter the United Statesbefore the expiration date printed on your visa. When
traveling, the primary (or principal) applicant must enter the United States before or at
the same time as family members holding visas.
USCIS Immigrant Fee - You must pay the USCIS Immigrant Fee to U.S. Citizenship
and Immigration Services (USCIS) after you receive your immigrant visa and before you
travel to the United States. (SI-1, SI-2, SI-3, SQ-1, SQ-2, and SQ-3 visa holders
will not pay the fee.) Select on the USCIS website for more
information.
Important Notice: USCIS will not issue a Permanent Resident Card (Form I-551 or
Green Card) until you have paid the fee.
Entering the U.S.: Port-of-Entry
administrative processing
Ineligibilities and Waivers: Laws
USCIS Immigrant Fee
A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission
to enter the United States. Applicants should be aware that a visa does not guarantee
entry into the United States. The DHS, U.S. Customs and Border Protection (CBP)
officials have authority to permit or deny admission to the United States. Travelers
should review important information about admissions and entry requirements on the
CBP website under .
Once you have paid the USCIS immigrant fee and have been admitted to the U.S. as a
permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien
Registration Card, also known as a ) will be mailed to you.
How to Apply for a Social Security Number Card
If you elected on your immigrant visa application form to receive your Social Security
Number Card upon admission to the United States as an immigrant, your card will be
sent by mail to the U.S. address you designated on your application form, and should
arrive approximately six weeks following your admission. If you did not elect to receive
your Social Security Number Card automatically, you will have to apply to be issued a
card following your arrival in the United States. To learn about applying for a Social
Security Number Card, visit the website.
When You Are a Permanent Resident
Coming to the United States to live permanently, you will want to learn more about your
status as a . See
to review information on the USCIS website about living in the United
States.
Additional Information
Immigrant visa applicants should not make any final travel arrangements, dispose of
property, or give up jobs until and unless visas are issued. Some visa applications
require further , which takes additional time after the visa
applicant's interview. An immigrant visa is generally valid for six months from the
issuance date.
General Visa Questions
Travel
green card
Social Security Administration
Lawful Permanent Resident Welcome to the United States: A Guide for
New Immigrants
administrative processing
Before submitting your inquiry, we request that you carefully review this website for
answers to your questions. Because of the volume of inquiries, we cannot promise an
immediate reply to your inquiry.
If your inquiry concerns a visa case in progress overseas, you should first contact the
U.S. Embassy or Consulate handling your case for status information. Select
to find contact information.
U.S. Em
bassy or Consulate
You can find contact information for our Public Inquiries Division at.Contact Us