A legal immigrant is a citizen of a country other than the United States who has received the permission of the U.S. government to reside and work permanently in the U.S. The U.S. has an annual cap on the number of immigrants, excluding certain types of immigrants, who may receive immigrant visas each year. The law then creates preferential classes of immigrants. One type of preference is aimed at admitting those with job skills needed in the U.S. economy. These are called employment-based preferences.

Who Is Eligible For Employment-Based Visas?

Within the employment-based preferences, there are five subcategories of immigration. The first preference is for priority workers; this type of visa is designated EB-1. These visas are reserved for aliens with extraordinary ability, including outstanding professors and researchers, as well as some multinational executives and managers. The visas issued to workers with advanced degrees or exceptional abilities are designated EB-2. This category applies to workers with advanced degrees and aliens with exceptional abilities that will benefit a designated aspect of the U.S. economy or interests.

The third preference, designated EB-3, applies to professionals with bachelor's degrees, aliens with at least two years' experience as skilled workers, and unskilled workers in areas for which there are no qualified workers in the U.S. EB-4 is the fourth employment-based preference, which applies to special workers, such as those in religious occupations. Immigrants in this category include aliens who have been members of religious denominations for at least two years with non-profit organizations in the U.S. who will work in their vocation at the organization's request. The fifth and final preference, EB-5, is reserved for those creating employment by engaging in new commercial enterprise.

How Do I Obtain An Employment-Based Visa?

There are several steps involved in obtaining an employment-based visa. Usually, the employer files an immigrant petition for an alien worker with a U.S. Citizenship and Immigration Services (CIS) regional center. The petition lists details about the worker and the employment, depending upon the preference claimed by the petition. For most employment-based preferences, the employer must also complete a labor certification request from the U.S. Department of Labor.

Next, the U.S. Department of State (DOS) must give the alien an immigrant visa number, which will allow the alien to travel to an U.S. port-of-entry and request admission. If the alien is outside the U.S. when the visa number is issued, he or she must go to a U.S. consulate to complete the application process. However, a number must be obtained even if the alien is already present in the U.S. If the alien is in the U.S. when the visa number is issued, he or she must apply to have his or her status adjusted to that of a permanent resident. More information about obtaining a visa number is available at the CIS Web site, http://uscis.gov.

An alien can check the status of a petition filed on his or her behalf by contacting the regional CIS office to which application was made. If the application is denied, the alien may appeal to an administrative appeals unit in Washington, D.C., by following the instructions for appeal present on the denial of the petition. An appeal fee is required.

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