Each fiscal year, the US State Department makes 140,000 employment-based immigrant visas available to applicants who qualify under US immigration law. Preference for such visas is arranged into five categories, with Employment First Preference (E1) reserved for persons with extraordinary ability in areas such as the sciences, arts, athletics, and business. In addition, the category includes outstanding professors and researchers, as well as multinational managers and executives.
Employment Second Preference (E2) is for professionals holding advanced degrees and those of exceptional ability. Unlike with E1, these applicants must already have job offers and Department of Labor-approved labor certifications. One exception is if their position is in the national interest. In this case, applicants may apply for a National Interest Waiver exemption.
The Employment Third Preference (E3) is for professionals, skilled workers, and unskilled workers, and requires approval through Form I-140, Immigrant Petition for Alien Worker (filed by the prospective employer). Employment Fourth Preference (E4) spans “certain special immigrants,” such as broadcasters, ministers of religion, and certain employees of the US Government abroad. Finally, Employment Fifth Preference (E5) is reserved for immigrant investors who make significant capital commitments to new US commercial enterprises that also create jobs.
