S. Amir Kohan

EB-Employment–Based Visas

There are five levels of employment-based visas. They are prioritized so that once the first-level immigrant applicants are processed, the next level of priority will be considered. That will continue until the maximum allotment of visas is reached. In recent years, about 140,000 employment-based visas were permitted each year.

EB-1 Alien of Extraordinary Ability

The employer must demonstrate that the alien has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. It must also be shown that the work to be done in the United States will continue in the individual’s area of extraordinary ability.

It shall also be shown how the alien’s entry into this country will benefit the United States; 28.6 percent of the total employment-based visas are allocated to this category.

EB-2 Alien of Extraordinary Ability

This is a classification that applies to any job that requires advanced degrees and persons of exceptional ability; 28.6 percent of employment-based visas are allocated to this category.

EB-3 Skilled Workers
This category requires professionals and even unskilled workers who are sponsored by employers in the United States; 28.6 percent of employment-based visas are allocated to this category.

EB-4 Certain Special Immigrants
Included here are some broadcasters, ministers of religion, employees or former employees of the U.S. government, Iraqi or Afghan interpreters and translators, and other similar workers; 7.1 percent of the employment-based visas are allocated to this category.

EB-5 Immigrant Investors
These are people who will create new commercial enterprises in the United States that will provide job creation; 7.1 percent of the employment-based visas are allocated to this category.


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