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Live, Work, Learn, and Enjoy in America!

享受美国的白云蓝天，在这工作、学习、生活！

Equity, Liberty, and Fraternity!

自由、平等、博爱！

Work in USA Visa

Employment-Based Immigration: First Preference EB-1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met:

Categories	Description	Evidence
Extraordinary Ability	You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.	You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
Outstanding professors and researchers	You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.	You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.
Multinational manager or executive	You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.	Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

Employment-Based Immigration: Second Preference EB-2

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:

Sub-Categories	Description	Evidence
Advanced Degree	The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).	Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Exceptional Ability	You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”	You must meet at least three of the criteria below.*
National Interest Waiver	Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.	You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

	Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
	Letters documenting at least 10 years of full-time experience in your occupation
	A license to practice your profession or certification for your profession or occupation
	Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
	Membership in a professional association(s)
	Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
	Other comparable evidence of eligibility is also acceptable.

Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor’s “Foreign Labor Certification” link to the right for more information.

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. For more information about filing, see the “Forms” link to the right.

Family of EB-2 Visa Holders

Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD)

Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

	“Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
	“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
	The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Sub-categories

Evidence

Certification

Skilled Workers

	You must be able to demonstrate at least 2 years of job experience or training
	You must be performing work for which qualified workers are not available in the United States

Labor certification and a permanent, full-time job offer required.

Professionals

	You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
	You must be performing work for which qualified workers are not available in the United States
	Education and experience may not be substituted for a baccalaureate degree

Labor certification and a permanent, full-time job offer required.

Unskilled Workers (Other Workers)

You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the "other workers" category. See the “Department of State: Visa Bulletin” link to the right.

U.S. Department of Labor – Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information, see the “Department of Labor: Foreign Labor Certification” link to the right.

Application Process

Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, see the “File My Application Online” link to the right.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

Employment-Based Immigration: Fourth Preference EB-4

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

	Religious Workers
	Broadcasters
	Iraqi/Afghan Translators
	Iraqis Who Have Assisted the United States
	International Organization Employees
	Physicians
	Armed Forces Members
	Panama Canal Zone Employees
	Retired NATO-6 employees
	Spouses and Children of Deceased NATO-6 employees

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self petition and what required supporting evidence needs to be included.

Family of EB-4 Visa Holders

Your spouse may also be admitted to the United States. Your children, unmarried under the age of 21, may be admitted to the United States. For more information please the appropriate “Green Card” link to the right.

Broadcasters

Under section 203(b)(4) of the Immigration and Nationality Act, the International Broadcasting Bureau of the United States Broadcasting Board of Governors (BBG), or a grantee of the BBG, may petition for an alien (and the alien’s accompanying spouse and children) to work as a broadcaster for the BBG or a grantee of the BBG in the United States. For the purposes of this section, the terms:

	BBG grantee means Radio Free Asia, Inc (RFA) or Radio Free Europe/Radio Liberty, Inc. (RFE/RL)
	Broadcaster means a reporter, writer, translator, editor, producer or announcer for news broadcasts; hosts for news broadcasts, news analysis, editorial and other broadcast features; or a news analysis specialist. The term broadcaster does not include individuals performing purely technical or support services for the BBG or a BBG grantee.

All Form I-360 petitions submitted by the BBG or a BBG grantee on behalf of an alien for a broadcaster position with the BBG or BBG grantee must be accompanied by a signed and dated supplemental attestation that contains the following information about the prospective alien broadcaster:

(i) The job title and a full description of the job to be performed; and

(ii) The broadcasting expertise held by the alien, including how long the alien has been performing duties that relate to the prospective position or a statement as to how the alien possesses the necessary skills that make him or her qualified for the broadcasting-related position within the BBG or BBG grantee.

Follow the instructions on Form I-360 on where to file your petition.

Work in USA Visa

Employment-Based Immigration: First Preference EB-1

Employment-Based Immigration: Second Preference EB-2

Family of EB-2 Visa Holders

Employment-Based Immigration: Third Preference EB-3

U.S. Department of Labor – Labor Certification

Application Process

Family of EB-3 Visa Holders

Employment-Based Immigration: Fourth Preference EB-4

Petitioning for an Employment-Based Fourth Preference Immigrant

Family of EB-4 Visa Holders

Broadcasters

Send mail to info@EB5Embassy.Org with questions or comments about this web site. Last modified: 05/28/15

Send mail to info@EB5Embassy.Org with questions or comments about this web site.
Last modified: 05/28/15