What Is Employment Based Immigration?

Category / Preference

For:

Numerical Limit

1^st Preference (EB-1)

Foreign nationals of “extraordinary ability,” outstanding professors and researchers, multinational executives, and managers

40,040

2^nd Preference (EB-2)

Foreign nationals who hold advanced degrees or demonstrate exceptional ability in the sciences, arts, or business

40,040

3^rd Preference (EB-3)

* “Skilled workers” (foreign nationals capable of performing skilled labor, requiring at least two years of experience)

* “Professional Workers” (Foreign nationals who hold at least a baccalaureate degree)

* “Other Workers” (foreign nationals capable of performing unskilled labor)

40,040 (but no more than 10,000 for other workers)

4^th Preference (EB-4)

“Special Immigrants,” including religious workers, international organization employees, and children who cannot be reunited with a parent because of abuse, abandonment, or neglect.

9,940

5^th Preference (EB-5)

Immigrant investors who must invest between $500,000 and $1,000,000 in U.S. commercial enterprise that creates at least 10 new full-time jobs for U.S. citizens and legal immigrants

9,940

H-1B - Specialty Occupations, DOD Cooperative Research and Development Project Workers and Fashion Models

This type of visa is for immigrant workers in a specialty occupation that requires a bachelor’s degree or a higher in a specialty field. Other immigrant workers who are eligible for this visa include individuals who will work on cooperative research and development projects for the U.S. Department of Defense and fashion models of distinguished ability and merit.

H-2A - Temporary Agricultural Workers

The H2-A program enables U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs.

H-2B - Temporary Non-Agricultural Workers

The H2-B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

TN - NAFTA Professionals

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

L-1A - Intracompany Transferee Executive or Manager

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

L-1B - Intracompany Transferee Specialized Knowledge

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interest from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.

O-1 - Individuals with Extraordinary Ability or Achievement

For the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

R-1 Religious Workers

The R-1 visa is nonimmigrant classification for individuals to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed with specific criteria for the organization and the nonimmigrant.

P-1 - Athlete, Artist, Entertainer

This type of visa is for artists, entertainers, and athletes who wish to compete in a specific event in the U.S.