Employment-based Immigration

Employment-based Immigration


Employment-based immigration consists of the opportunities for foreign nationals to work in the United States. There are visas that allow foreign nationals to work temporarily in the United States (non-immigrant visas) and there are visas that allow foreign nationals to pursue permanent relocation to the United States (immigrant visas).

Temporary employment-based visas (non-immigrant visas):

B-1 Temporary Business Visa

E-1 Treaty Trader Visa

E-2 Treaty Investor Visa

E-3 Australian Professionals Visa

F-1 Academic Student Visa

H-1B Specialty Occupation Visa

H-2A Temporary Agricultural Worker Visa

H-2B Temporary Non-Agricultural Worker Visa

J-1 Exchange Visitor Visa

L-1A Intracompany Transferee Executive or Manager Visa

L-1B Intracompany Transferee Specialized Knowledge Visa

O-1A Extraordinary Ability in the Sciences, Education, Business, or Athletics Visa

O-1B Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Picture or Television Industry Visa

O-2 Artist or Athlete Assistant Visa

O-3 Spouse or Children of O-1’s and O-2’s Visa

P-1A Internationally Recognized Athlete

P-1B Member of Internationally Recognized Entertainment Group

P-2 Performer or Group Performing under Reciprocal Exchange Program

P-3 Artist or Entertainer Part of a Culturally Unique Program

Q Cultural Exchange Visa

R-1 Temporary Religious Worker

TN NAFTA Professionals

Permanent employment-based visas (immigrant visas):

First Preference EB-1: Individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

Second Preference EB-2: Individuals who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.

Third Preference EB-3: Individuals who are professionals, skilled workers, and other workers.

Fourth Preference EB-4: Individuals who are “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

Fifth Preference EB-5: Individuals who are business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

NEXT: Family-based Immigration