Email this page to a friend


Who is Eligible to obtain a visa to work in USA (Employment Based Immigration)?

The following information is about visas to work in the US such as the E2, which result in obtaining a green card/lawful permanent residence status provided that the following can be demonstrated through a labor certification process (except for first preference aliens and national interest waivers):

  • The alien employee will not be taking any jobs from U.S. citizens, and
  • The salary and conditions of the job offered are the prevailing in the industry and location and therefore will not negatively impact the wages and labor conditions for U.S. citizens.
The following are five categories of employment visas (E visas) for granting permanent residence to foreign nationals based on skills and educational background and employment in the US:
  • The E1. First Preference (E1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
  • The E2. Second Preference (E2 investor visa or workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
  • The E3. Third Preference (E3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
  • The E4. Fourth Preference (E4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization. For EB-4 special workers (those in a religious occupation or vocation), you or your employer must file USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant) at the USCIS Regional Service Center that serves the area where you will work.
  • The E5. Fifth Preference-Employment creation investors includes:Investors in new companies employing 10 or more workers, investing at least $500,000 in "targeted employment areas" (areas with unemployment of at least 150% of the national average). Investors in new companies employing 10 or more workers, investing at least $1,000,000 in any location.

Ultimately, to be eligible for an Employment Based Residency through a visa work in the USA such as the E2, the foreign alien beneficiary must meet all of the required criteria pursuant to US immigration law. In addition, there are only 10,000 E2 investor visas per year for this preference category, 3,000 of which at least have to be assigned for investors in targeted employment areas.

Click here to learn about the application process for an E2 visa.



Home | Blog | Work Visa | Citizenship | Family | Work Green Card | FAQ | Recent News | Visitor Visas | Student Visas | Asylum | Deportation

The information provided on this site is intended to teach individuals and corporations their rights and protect them from fraud. It is not a substitute for professional advice from an experienced immigration attorney and should not be taken as legal advice. Please consult a lawyer for advice regarding your specific situation.

Our FRAUD ALERT section contains important information to be aware of before seeking assistance.

Privacy Policy | Contact Us

©2007 Immigration Legal Counsel, LLC.