Employment-based immigration

1. Outstanding professional immigrant visas (EB-1, First Preference, priority workers)

1) Workers of extraordinary ability;

a) Introduction

This subcategory is defined by statute as those who can show that they have 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.

b) Basic Requirements

i) No Job Offer or Labor Certification Required

ii) Criteria for Qualifying for EB-1 Extraordinary Ability Status

Receipt of a major, internationally recognized award, on its own, can qualify an individual for EB-1 classification.


2) Outstanding professors and researchers;

a) Introduction

These workers are professors and researchers who are internationally recognized for their outstanding achievements.

b) Basic Requirements

i) Be internationally recognized as outstanding in a specific academic field;

ii) Have a minimum of three years of experience in teaching and / or research in that field;

iii) Enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances.


3) Multinational executives and managers.

a) Introduction

This subcategory is reserved for executives and managers of foreign companies who transferred to the U.S.

b) Basic Requirements

The requirements for this classification closely track those for L-1A intra-company transferees.



2. Professional immigrant visas (EB-2, 3)

1) Second Preference (EB-2: workers who are members of the professions holding advanced degrees or of exceptional ability in the sciences, arts or business)

a) workers who are “members of the professions holding advanced degrees or their equivalent;”

b) Workers “who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S.”


2) Third Preference (EB-3: skilled workers, professionals and other workers)

a) Skilled workers (at least 2 years of experience required);

b) Professionals (baccalaureate degree required for position and alien);

c) Other workers (less than 2 years experience required for position).



3. Investment immigrant visas (EB-5: Fifth Employment-Based Preference for Alien Investors)

1) The EB-5 category is set aside for alien investors in new commercial enterprise. The preference is allotted 10,000 visas per year; there is no pass-down to the investor category from the higher employment-based preferences.

2) Basic requirements:

a) The investor must invest or be actively in the process of investing at least $ 1 million in the enterprise.

i) Amount of investment. The new law gives flexibility to the INS to raise the $ 1 million figure as high as $ 3 million for “high employment areas” and to lower the figure as low as $500,000 for “targeted employment areas.”

ii) Meaning of “invest.” The INS rules define “invest” to mean the contribution of capital in the form of equity or long-term debt financing. However, a debt financing arrangement between the alien and the new commercial enterprise in which the alien is acting solely as a creditor does not constitute a contribution of capital.

iii) Meaning of “capital.” The INS rules define capital to include cash, cash equivalents (such as certificates of deposit, treasury bonds, or other instruments that can be converted readily into cash) ,equipment, inventory, other tangible property, and indebtedness secured by assets owned by the alien (provided the alien is directly and personally liable and the investment enterprise is not used to secure the debt). Capital may have been acquired b y any lawful means, including gifts, inheritances, and loans; assets acquired by unlawful means will not be considered qualifying capital.

iv) Time of investment. The enterprise in which the investment is made must have been established after the effective date of the 1990 Act, November 29, 1990.


b) The enterprise must benefit the U.S. company and must create full-time employment for not less than 10 U.S. workers.

c) The investment must be made in a “new commercial enterprise” or “a troubled business.”

i) Establishing a new enterprise:

(A) by creating an original business;

(B) by buying and reorganizing an existing company;

(C) by investing $ 1 million in an existing business without reorganizing or reincorporating if the infusion of capital results in a substantial change in the existing business, consisting of at least 40 percent increase in net worth or number of employees, or both.

ii) Taking over troubled business

The rules allow an alien investor to qualify for an immigrant visa by taking over a troubled business (defined as a business that has been in existence for at least 2 years and has incurred a net loss of at least 20 percent of the companies net worth).


d) The investor must be engaged in the management of the enterprise, either through day-to-day managerial control or through policy formulation.

e) More than one investor may obtain immigration status through the same investment enterprise.



4. Parent & Child of international organization special immigrant (N-8 & N-9)