Immigrant Visas

Employment-Based Visas

A total of 140,000 immigrant visas are available yearly on an employment-sponsored basis. Employment-sponsored immigrant visas are divided into five preference groups:

• Priority workers: individuals of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; and certain multinational executives and managers;
  
• Members of the professions: professionals holding advanced degrees and individuals of exceptional ability in the sciences, arts and business;
  
• Professionals, skilled and unskilled workers: professionals holding baccalaureate degrees, skilled workers with at least two years experience and other workers whose skills are in short supply in the United States;
  
•  Special immigrants: certain religious workers and ministers of religion, certain international organization employees and their immediate family members, and specifically qualified and recommended current and former employees of the U.S. Government;
  
• Investors: individuals who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the United States;

Petitions

Applicants for employment-based immigrant visas who believe they are entitled to immigrant status based on proposed employment in the United States, require an approved petition (Form I-140) from a BCIS office in the U.S. Individuals who qualify as priority workers may petition the BCIS on their own behalf while others must have their petitions filed by prospective employers. Prior to filing a petition with the BCIS, employers petitioning on behalf of applicants for classification as a member of the professions, professionals, skilled workers or unskilled workers must obtain certification from the Department of Labor that there are no qualified workers available for the proposed employment in the United States.

Returning residents and U.S. Government employees must apply to the Secretary of State through a U.S. Embassy or Consulate abroad. All other special immigrants must file a Form I-360 petition with an office of the BCIS. An investor, as described above, must file a Form I-526 petition with the BCIS.

» Read more about employment-based visas.