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U.S. Immigration Laws - Immigration Status: Employment-based

Article Index
U.S. Immigration Laws
Immigration Status: Employment-based
Employment-based First Preference
EmploymentBased-Second Preference
EmploymentBased-ThirdPreference
EmploymentBased-FourthPreference
EmploymentBased-FifthPreference
Labor Certification
Non Immigrant Status
Non Immigration Status: F1 Student
Non Immigrant Status: J1- Exchange Visitor
Non Immigrant Status: B-1 Business Visitor
Non Immigrant Status: Visa Waiver Program
Non Immigrant Status: TN Status
Non Immigrant Status: H-1B Specialty Worker
Non Immigrant Status: L-1 Intra Company Transferee
Non Immigrant Status: O-1 Extraordinary Ability
Non Immigrant Status: E-2 Treaty Investor & E-1 Treaty Trader
Non Immigrant Status: Other Types of Employment Based Nonimmigrant Visas
Developments Affecting Employment Based Cases
Family Based Immigrant Status
Family Based Immigrant Status: First Preference
Family Based Immigrant Status: Second Preference
Family Based Immigrant Status: Third Preference
Family Based Immigrant Status: Fourth Preference
Conclusion
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II. IMMIGRANT STATUS: EMPLOYMENT‑BASED

Generally either a close family relative or an employer must sponsor someone for immigration. The first method relies on a close tie to a U.S. citizen or permanent resident. If a foreign national does not have such a relative, he/she might qualify under one of the employment‑based categories. Currently the Immigration & Nationality Act sets an annual limit of 226,000 immigrant “preference” numbers for family‑based categories, and 143,949 immigrant “preference” numbers for employment‑based categories. The per-country limit for preference immigrants is now 25,896.

Employment‑Based Categories

1st Preference: Extraordinary Ability

Outstanding Professors & Researchers Managers & Executives

2nd Preference: Advanced Degree Professionals

Exceptional Ability

3rd Preference: Professionals (Bachelors degree)

Skilled Workers (two years training)

Other Workers (unskilled) 4th Preference: Special Immigrants (religious workers)

5th Preference: Immigrant Investors



 
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