Overview of Five Employment-Based Immigration Categories
| Category | Eligible Individuals | Employer Sponsorship Required | Current Visa Bulletin Status |
|---|
| EB-1 | Top Talent/Executives | Partially Required | Check the Monthly Visa Bulletin Link Below |
| EB-2 | Advanced Degree Professionals | Mostly Required | Check the Monthly Visa Bulletin Link Below |
| EB-3 | Skilled Workers | Employer Sponsorship Required | Check the Monthly Visa Bulletin Link Below |
| EB-4 | Special Immigrants | Mostly Required | Generally No Backlog, Check the Monthly Visa Bulletin Link Below for Details |
| EB-5 | Investors | Not Required | Reserved Visas Generally Current |
Picture from USCIS. More information: USCIS Permanent Workers
Three Subcategories
| Category | Core Requirements | Application Advantages |
|---|
| EB-1A | International Awards/Top Achievements | No Employer Sponsorship Required |
| EB-1B | Research Position + 3 Years Experience + International Publications | Employer Sponsorship Required |
| EB-1C | Multinational Executive with 1 Year Tenure | Corporate Affiliation |
EB-1A Application Criteria (Meet 3 Criteria):
- Internationally recognized awards (Nobel, Oscars, etc.)
- Membership in associations requiring outstanding achievement
- Published material about the alien in major media
- Judging others’ work in the same field
- Original scientific, scholarly, or business-related contributions
- Authorship of scholarly articles in professional journals
- Display of work at artistic exhibitions
- High salary or remuneration compared to others in the field
EB-2 Advanced Degree Professionals & NIW Waivers
Dual Application Pathways
Regular EB-2 Process:
- Employer files Labor Certification (PERM)
- Prove no suitable US workers are available
- File Form I-140 Immigration Petition
National Interest Waiver (NIW):
- Waives the labor certification requirement
- Must prove:
- The proposed endeavor has substantial merit and national importance
- The foreign national is well-positioned to advance the proposed endeavor
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus the labor certification
NIW Applicable Fields Examples:
- Public health experts (vaccine development)
- New energy technology developers
- Artificial intelligence algorithm innovators
- Cultural heritage preservation specialists
EB-3 Skilled Workers Visa
Three Applicant Groups Comparison
| Category | Educational Requirements | Work Experience | Typical Occupations |
|---|
| Skilled Workers | High School + 2 Years Training | 2+ Years | Electricians/Chefs |
| Professionals | Bachelor’s Degree or Higher | None Required | Accountants/Engineers |
| Unskilled Workers | No Educational Requirements | None Required | Cleaners/Farm Workers |
Key Restrictions:
- Must go through the PERM labor certification process
- Employer must prove inability to hire local workers
- Unskilled worker category has a lengthy 6-8 year backlog
EB-4 Special Immigrant Visas
Nine Special Groups
- Religious Workers: 5 years of full-time service required
- Special Immigrant Juveniles: Court determination of abuse/abandonment
- International Organization Employees: 15+ years of service
- US Armed Forces Translators: 12 months of service
- Broadcasting Workers: For specific anti-totalitarian media
- Panama Canal Employees: Employed before 1979
- Physicians: 5+ years of US medical practice
- Government Employees: 10+ years of overseas service
- Criminal Informants: S visa holders
EB-5 Investment Immigration Updates
- Investment Amounts:
- TEA (Targeted Employment Area - rural/high unemployment): $800,000
- Non-TEA: $1,050,000
- Visa Set-Asides:
- Rural Projects: 20% (2,000 visas/year)
- High Unemployment Areas: 10% (1,000 visas/year)
- Infrastructure Projects: 2% (200 visas/year)
New Policy Advantages
- Dual Filing: Concurrent filing of Form I-526E and Form I-485
- Capital Security: Principal can be returned after 2 years
- Expedited EAD: Average 3-6 months approval
- Child Status Protection: CSPA age freeze calculation
- No Management Requirements: No need to participate in daily operations
Comprehensive Application Process
General Steps
- Determine Immigration Category: Evaluate personal qualifications
- Document Preparation:
- Educational credential evaluations (WES, etc.)
- Employment verification (recommendation letters/tax documents)
- Source of funds (EB-5 documentation)
- File Application:
- EB-1/2/3: Form I-140
- EB-5: Form I-526E
- Adjustment of Status:
- Within the US: Form I-485
- Outside the US: Consular processing
Processing Time Estimates
| Category | I-140 Processing | Visa Bulletin Wait | Total Time |
|---|
| EB-1A | 15 Months | None | 1.5-2 Years |
| NIW | 12 Months | 4 Years | 5-6 Years |
| EB-5 | 36 Months | None (Set-Asides) | 3-4 Years |
Common Questions and Pitfall Prevention
❓ What to Watch for in PERM Labor Certification?
- Must conduct 3-stage recruitment (newspaper/website/internal postings)
- Wage must meet prevailing wage standards
- Recruitment failure documentation must be kept for 4 years
⚠️ Key Points for Selecting EB-5 Projects
- Verify the project is in a new policy TEA
- Check regional center licensing validity
- Require funds to be held in escrow accounts
- Prefer projects already under construction
Expedited Processing Tips
- EB-1/EB-2 can apply for premium processing ($2,500/15 days)
- Regularly check USCIS case status
- Submit materials through the USCIS online account
Official Resources and Fee Schedule
2025 Application Fees
| Form Number | Purpose | Fee |
|---|
| I-140 | Employment-Based Petition | $715 + Additional Fee (Regular Applicant $600, Non-Profit $0, Small Employer/Self-Employed $300) |
| I-526E | EB-5 Investment Petition | $11,160 + Additional Fee $1000 (Only for Form I-526E filed on or after October 1, 2022) |
| I-485 | Application to Adjust Status | $1,440 or $950 (if under 14 and filing with at least one parent) |
Important Links
Note: Information in this article is based on immigration regulations as of March 2024, with updates in February 2025. Consult with a licensed immigration attorney for specific case advice. Investment immigration carries risks; carefully evaluate projects.