5 US work-based visa routes for foreigners seeking permanent residency

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The United States makes approximately 140,000 employment-based immigrant visas available each fiscal year, running from October 1 to September 30.

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These visas are divided into five preference categories for foreign workers, with certain spouses and children also eligible to accompany or follow to join the main applicant.

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Here are the five employment-based immigrant visa categories:

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1. Employment First Preference (E1) — Priority Workers and Persons of Extraordinary Ability

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This category covers three groups: people with extraordinary ability in fields such as science, arts, education, business or athletics; outstanding professors and researchers; and multinational managers or executives.

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People with extraordinary ability do not need a specific job offer and can file their own Form I-140 petition, provided they are entering the US to continue working in their area of expertise. Outstanding professors and researchers generally need at least three years of teaching or research experience and an offer from a US institution. Multinational managers and executives must have worked for an overseas affiliate, parent, subsidiary or branch of the US employer in a managerial or executive capacity.

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2. Employment Second Preference (E2) — Advanced Degree Professionals and Persons of Exceptional Ability

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The E2 category is for professionals with advanced degrees and people with exceptional ability in the sciences, arts or business. Applicants generally need an approved labour certification and a job offer from a US employer.

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However, applicants may seek a National Interest Waiver, which can remove the job-offer and labour-certification requirements if the exemption is considered to be in the national interest of the United States. Those who qualify can self-petition.

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3. Employment Third Preference (E3) — Skilled, Professional and Other Workers

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The E3 category covers three groups: skilled workers, professionals and other workers whose jobs require less than two years of training or experience.

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Skilled workers must have jobs requiring at least two years of training or work experience, while professionals must have at least a bachelor’s degree or its foreign equivalent. Other workers are those capable of filling positions requiring less than two years of training or experience.

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Applicants generally require an approved Form I-140 filed by their prospective employer, as well as labour certification approved by the Department of Labor.

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4. Employment Fourth Preference (E4) — Certain Special Immigrants

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The E4 category is designed for certain special immigrants and includes a wide range of groups. These include broadcasters employed by the International Broadcasting Bureau, ministers of religion, certain former US government employees abroad, certain Iraqi and Afghan interpreters and translators, certain foreign medical graduates, special immigrant juveniles, certain religious workers and people who have served or are enlisted to serve in the US Armed Forces.

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Unlike some other employment-based categories, labour certification is not required for the special immigrant subgroups listed under E4.

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5. Employment Fifth Preference (E5) — Immigrant Investors

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The E5 category is for foreign investors who put capital into new commercial enterprises in the United States that provide job creation.

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