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Employment-Based Preferences

Congress has created five employment-based categories that have preference in immigrating to the United States.


The First Employment-Based Preference allots 40,000 immigration visas to priority workers who are:

  1. E-11– Foreign nationals of extraordinary ability in the sciences, arts, education business and athletics (no job-offer or labor certification required)
  2. E-12 — Outstanding professors or researchers with universities or private employers with established research departments (job-offer needed but no labor certification required)
  3. E-13 — Executives and managers of multi-national U.S. businesses (no labor certification required)

The Second Employment-based Preference allots about 40,000 immigration visas to foreign nationals who are:

  1. Foreign nationals of exceptional ability in the sciences, arts or business (job-offer and labor certification required); or
  2. Advanced degree professionals (job-offer and labor certification required)
  3. E-21– Advanced degree professionals or foreign nationals of exceptional ability in the sciences, arts or business whose work is in the national interest (job-offer and labor certification not required)

The Third Employment-Based Preferences allots about 40,000 immigration visas to:

  1. Professionals with bachelor’s degrees who do not qualify for the second preference category (job-offer and labor certification required)
  2. Skilled workers filing positions requiring at least two years of training and experience (job-offer and labor certification required)
  3. Unskilled workers (job-offer and labor certification required)

The Fourth Employment-Based Preference for:

  1. Ministers and religious workers who demonstrate an affiliation with an employer or organization (job offer required but no labor certification)

The Fifth Employment-based Preference for alien investors allots 10,000 immigrant visas to investors who:

  1. Invest a minimum of $500,000 in a new or existing business that creates jobs in specified low-employment areas (no labor certification required)
  2. Invest a minimum of $1 million in a new or existing business anywhere else in the United States (no labor certification required)