Employment Based Visas (EB-1, EB-2,EB-3, EB-4, EB-5, E-1, E-2, H-1B, H-1C, H-2A, H-2B, H-3, L-1, R-1, TN-1) E-mail

First Preference (EB-1)

The EB-1 visa allows the following categories of individuals to immigrate to the United States: 1) individuals of "extraordinary ability"; 2)  "outstanding" professors and researchers; and 3) transferring executives and managers. The annual allocation of EB-1 visas is approximately 40,000. No labor certification is required and individuals that qualify under the first category ("extraordinary ability" ) may self petition (as opposed to petition by an employer).

In general, an individual may qualify for the first, second or third EB-1 category if s/he meets the following respective requirements:

1st EB-1 Category

  • extraordinary ability in the sciences, arts, education, business, or athletics as demonstrated by national or international acclaim;
  • will enter the United States to continue work in the qualifying area of expertise; and
  • such entry will prospectively benefit the United States.

2nd EB-1 Category

  • outstanding ability in a specified academic field as demonstrated by international recognition;
  • at least three years of teaching or research experience in the qualifying area of expertise; and
  • an offer of employment to work in a position in the qualifying area of expertise.

3rd EB-1 Category

  • was employed for at least one year in the three years preceding the application by the petitioning firm or corporation or other legal entity or affiliate or subsidiary thereof;
  • will enter the United States to continue employment in a managerial or executive capacity for the petitioning entity.

Second Preference (EB-2)

The EB-2 visa allows the following categories of individuals to immigrate to the United States: 1) advanced degree professionals; and 2) individuals of "exceptional ability." The annual allocation of EB-2 visas is approximately 40,000. Labor certification and an offer of employment are required.

In general, an individual may qualify for the first or second EB-2 category if s/he meets the following respective requirements:

1st EB-2 Category

  • an advanced degree (above a baccalaureate degree) or its equivalent; and
  • an offer of employment to work in a position that requires an advanced degree or its equivalent.

2nd EB-2 Category

  • exceptional ability in the sciences, arts or business as demonstrated by specified supporting documentation;
  • an offer of employment to work in a position in the qualifying area of ability; and
  • prospective substantial benefit to the United States.

Third Preference (EB-3)

The EB-3 visa allows the following categories of individuals to immigrate to the United States: 1) baccalaureate degree professionals; 2) "skilled workers;" and 3) "other workers." The annual allocation of EB-3 visas is approximately 40,000. Labor certification and an offer of employment are required.

In general, an individual may qualify for the first or second EB-3 category if s/he meets the following respective requirements:

1st EB-3 Category

  • a baccalaureate degree;
  • an offer of employment to work in a position that requires a minimum of a baccalaureate degree or its equivalent.

2nd EB-3 Category

  • an offer of employment to work in a position that requires at least two years of training or experience to perform; and
  • the position cannot be temporary or one for which qualified workers in the United States are available.

3rd EB-3 Category

  • an offer of employment to work in a non-temporary position for which qualified workers in the United States are not available.

The third EB-3 category is limited to 10,000 (of the approximately 40,000 allocated for the preference).

Fourth Preference (EB-4)

The EB-4 visa allows "special immigrants" to immigrate to the United States. "Special immigrants" are individuals who may fall into the following general categories: returning lawful residents; persons entitled to recover citizenship; religious workers; current or retired employees of the United States government who have served abroad; employees under the Panama Canal Act of 1979; foreign medical graduates who entered the United States prior to January 10, 1978 in H or J status; retired officers and employees of certain international organizations who resided in the United States (and their surviving spouses and unmarried children); persons declared dependent on a United States juvenile court or placed in state custody; and persons who have served in the United States armed forces after enlistment outside the United States (and their spouses and children). The annual allocation of EB-4 visas is approximately 10,000. Returning lawful residents and persons entitled to recover citizenship are not subject to the foregoing allocation.

Fifth Preference (EB-5)

The EB-5 visa allows individuals who will engage in a commercial enterprise beneficial to the United States economy and which will create at least ten full-time jobs to immigrate to the United States. The required minimum investment for such enterprise is generally $1 million, and the jobs created must be for United States citizens, lawful permanent residents or other authorized immigrants excluding the applicant and his/her immediate family. The annual allocation of EB-5 visas is approximately 10,000.

Treaty Trader (E-1)

The E-1 visa allows nationals of a country with which the United States maintains a treaty of commerce and navigation to enter the United States to carry on "substantial trade."

In general, an individual may qualify for an E-1 visa, if s/he must meet the following requirements:

  • is a national of a treaty country;
  • the organization (if any) for which the applicant is coming to the United States is at least 50% owned by persons who have the nationality of the treaty country;
  • the trade involves the international exchange of goods, services and/or technology;
  • the volume and number of trade transactions will be "substantial;"
  • at least 50% of the international trade will be primarily between the United States and the treaty country; and
  • is an executive, supervisor, or possessed of skills essential efficient operation of the organization (ordinary skilled or unskilled workers do not qualify).

Treaty Investor (E-2)

The E-2 visa allows nationals of a country with which the United States maintains a treaty of commerce and navigation to enter the United States to develop or direct the operation of an enterprise of which sh/e is invested or in the process of investing.

In general, an individual may qualify for an E-2 visa, if s/he must meet the following requirements:

  • is a national of a treaty country;
  • has made or is in the process of making a substantial (sufficient to ensure operation) investment in an active enterprise;
  • the investment must be at risk, sufficient to ensure operation of the enterprise and have a significant economic impact; and
  • will be developing or directing the enterprise or serving in an executive, supervisory, or highly specialized skill capacity.

Specialty Occupations (H-1B)

The H-1B visa allows individuals to enter the United States to perform services in a "specialty occupation." The Code of Federal Regulations defines a "specialty occupation" as an occupation that requires "theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor...and which requires the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent...." The annual allocation of H-1B visas is approximately 65,000. Stay is limited to the validity period of the petition (or labor condition application), plus up to ten days prior to and after such period for purposes of travel. Approved H-1B petitions may be valid for up to three years and possibly extended. H-1B holders may possess dual intent (i.e. intend to comply with the nonimmigrant visa requirement and to apply for permanent residence status).

In general, an individual may qualify for an H-1B visa if s/he meets the following requirements:

  • an offer of employment to work in a specialty occupation;
  • a certified Labor Condition Application filed by the prospective employer with the Department of Labor; and
  • a baccalaureate degree or its equivalent as required by the occupation (i.e. qualification to perform the position).

Nurses (H-1C)

The H-1C visa allows "registered nurses" to enter the United States to work on a temporary basis. The Code of Federal Regulations defines a "registered nurse" as "a person who is or will be authorized by a State Board of Nursing to engage in registered nurse practice in a state or U.S. territory or possession, and who is or will be practicing at a facility which provides health care services." The annual allocation of H-1C visas is 500. Stay is limited to the validity period of the petition, plus up to ten days prior to and after such period for purposes of travel. Approved H-1C petitions may be valid for up to three years. H-1C holders may possess dual intent (i.e. intent to comply with the nonimmigrant visa requirement and to apply for permanent residence status).

In general, an individual may qualify for an H-1C visa if s/he meets the following requirements:

  • an offer of employment by an eligible facility to practice nursing;
  • the facility must have a notice of acceptance of filing a qualified attestation regarding certain matters with the Department of Labor;
  • an unrestricted license to practice nursing in the country where s/he obtained her nursing education, or receipt of his/her nursing education in the United States; and
  • pass the Commission on Graduates of Foreign Nursing Schools examination, or have an unrestricted license to practice nursing in the state of intended employment.

Agricultural Workers (H-2A)

The H-2A visa allows agricultural workers to enter the United States to fill a temporary or seasonal agricultural position. Stay is limited to the validity period of the petition, plus up to ten days prior to and after such period for purposes of travel.

In general, an individual may qualify for an H-2A visa if s/he meets the following requirements:

  • has a foreign residence of which he/she has no intention of abandoning;
  • an offer of employment to work in a temporary or seasonal agricultural position; and
  • the employer has filed a labor certification application with the Department of Labor and local state workforce agency, and has received an approval of the application from the Department of Labor.

Temporary Workers (H-2B)

The H-2B visa allows individuals to enter the United States to fill a temporary nonagricultural position on a one-time, seasonal, peakload or intermittent basis. There is an annual cap of 66,000 H-2B visas. Stay is limited to the validity period of the petition plus, up to ten days prior to and after such period for purposes of travel. Approved H-2B petitions may be valid for up to one year.

In general, an individual may qualify for an H-2B visa if s/he meets the following requirements:

  • has a foreign residence of which he/she has no intention of abandoning;
  • an offer of employment to work in a qualifying temporary nonagricultural position; and
  • the employer has filed a labor certification application with the local state workforce agency, and has received an approval of the application from the Department of Labor.

Trainees (H-3)

The H-3 visa allows individuals to enter the United States for the purpose of receiving training for productive employment other than graduate medical education or training. Stay is limited to the validity period of the petition, plus up to ten days prior to and after such period for purposes of travel. Approved H-3 petitions may remain valid for up to two years.

In general, an individual may qualify for an H-2B visa if s/he meets the following requirements:

  • has a foreign residence of which he/she has no intention of abandoning;
  • will be participating in a qualified training program that is related to his/her current occupation;
  • will not have productive employment unless it is incidental and necessary for training;
  • does not have the type of training available in his/her own country; and
  • the training will benefit him/her in a career being developed outside the United States.

Intra-Company Transferees (L-1)

The L-1 visa allows individuals employed by an international firm or corporation to enter the United States for the purpose of continuing such employment. The spouse and unmarried minor children of an L-1 visa holder may enter the United States on an L-2 visa.

In general, an individual may qualify for an L-1 visa if s/he meets the following requirements:

  • was continuously employed by an international firm or corporation for at least one year in the three years prior to application; and
  • will work for the same employer, or a subsidiary or affiliate in the United States in a capacity that is primarily managerial, executive, or which involves specialized knowledge.

Religious Workers (R-1)

The R-1 visa allows the following categories of individuals to enter the United States to work in a religious occupation or vocation: 1) ministers of religion; 2) religious professionals; and 3) other religious workers. There are no numerical limitations for R-1 visas. R-1 visas may be valid for an initial period of up to 30 months and may be extended for up to 30 months. The total time spent in R-1 status cannot exceed a maximum of five years.

In general, an individual may qualify for the first, second or third R-1 category if s/he meets the following respective requirements:

Ministers of Religion

  • has been a member of the religious denomination for the two years immediately prior to application;
  • the religious denomination has a bona fide nonprofit religious organization in the United States;
  • is entering the United States at the request of the organization to work on at least a part time basis;
  • have an attestation prescribed by the USCIS signed by an authorized official of the organization;
  • is authorized the religious denomination to perform the duties usually performed by members of the clergy of such religion; and
  • will work solely in the vocation of a minister.

Religious Professionals

  • has been a member of the religious denomination for the two years immediately prior to application;
  • the religious denomination has a bona fide nonprofit religious organization in the United States;
  • is entering or remaining in the United States at the request of the organization to work on at least a part time basis;
  • have an attestation prescribed by the USCIS signed by an authorized official of the organization; and
  • will work for the organization in a "professional capacity" (religious occupation or vocation which requires at minimum a baccalaureate degree or its equivalent).

Other Religious Workers

  • has been a member of the religious denomination for the two years immediately prior to application;
  • the religious denomination has a bona fide nonprofit religious organization in the United States;
  • is entering or remaining in the United States at the request of the organization to work on at least a part time basis;
  • have a completed attestation prescribed by U.S. Citizenship and Immigration Services and signed by an authorized official of the organization; and
  • will work for the organization in a "religious occupation" (position which relates to traditional religious function) or "religious occupation" (position which involves a calling to religious life as evidenced by the taking of vows, etc.).

NAFTA Professional Workers (TN-1)

The TN-1 visa allows qualified Mexican or Canadian nationals to enter the United States for the purpose of working at a professional level in one of the occupations listed in the North American Free Trade Agreement. There are no numerical limitations for TN-1 visas. TN-1 visas may be valid for an initial period of up to one year and may be extended in increments of up to one year. Dependents of TN-1 visa holders may enter the United States on a TD visa.

In general, a Mexican or Canadian national may qualify for a TN-1 visa if s/he meets the following requirements:

  • must be seeking temporary entry (i.e. entry without intent to establish permanent residence);
  • will work for a United States employer (may not be self-employed) in one of the occupations listed in the North American Free Trade Agreement;
  • a baccalaureate or licenciatura degree (or as otherwise specified) in the field of discipline; and
  • an employment letter or contract from the United States employer providing a detailed description of the position and its duties.