Employment Based Visas

Employment based visa

You may be a business professional, entrepreneur, an investor, or you may be representing a university, organization, or a company that employs foreign nationals; information on Employment-Based Visas is a must for you to have. These visas are divided into many categories and require fair knowledge about the visa category that you will go to apply for. These categories are as follows –

  • Priority Workers
  • Professionals Holding Advanced Degrees, or Persons of Exceptional Ability
  • Skilled Workers
  • Special Immigrants
  • Employment Creation Investors

Each category has unique requirements and an applicant will need to have a firm understanding of the goals of both the foreign national employee and the business seeking to hire a foreign national. Details that are specific to a specific application will be seen by the USCIS and then a proper category will be allotted to that specific applicant.

A detailed explanation of categories under Employment-Based Visas:

E1 visa– Priority Workers: This category holds 28.6 percent of the worldwide limit. An approved Form I-140 must be filed with the USCIS for applying for this visa. This category is sub-divided into three more categories –

  • Persons of extraordinary ability in the sciences, arts, education, business, or athletics. The applicants of this sub-category require to present documentation demonstrating their expertise in their relevant fields.
  • Professors and researchers who have three years of experience and have demonstrated outstanding performance in their field come under this sub-category.
  • Executives and managers working with the company and coming to the US to handle work of the branch of the same company in the same capacity.

E2 visa – Professionals Holding Advanced Degrees, or Persons of Exceptional Ability: This category also holds 28.6 percent of the worldwide limit. A job offer is required and the U.S. employer must file a petition on behalf of the applicant for this visa. The applicants of this visa require having a labor certification approved by the DOL. This category has two subcategories:

  • Professionals who hold advanced degrees
  • People having exceptional ability in the arts, sciences, or business.

E3 visa – Skilled workers: All the applicants of this visa require an approved I-140 petition filed by the prospective employer. The applicants of this visa also require having labor certification approved by the USCIS.

E4 visa – Special Immigrants: A total of 7.1 percent of the worldwide limit is reserved for this category. An approved Form I-360 must be submitted along with the application for this visa. Certain spouses and children may accompany or follow-to-join the principal special immigrant. A wide number of sub-categories are included within this particular visa category.

E5 visa – Employment Creation Investors: Employment Creation Investors receive 7.1 percent of the yearly worldwide limit. All applicants must file a Form I-526 along with the application for this visa. The applicant must have invested, between the U.S. $500,000 and $1,000,000 to create full-time jobs, in order to qualify for this visa.


All the applicants of Employment-Based Visas are required to submit personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States.

In a consultation, a visa lawyer can provide answers to your questions, or you can hire our firm. Call today for a free consultation.

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