A petition to classify an alien based on American business' need for highly skilled, specially trained personnel to fill jobs for which domestic personnel is not willing or able to perform the work, must be filed on an Immigrant Petition for alien Workers, Form I-140.

An alien or any person on behalf of alien, may file an I-140 visa petition for classification under section 203(b)(1)(A) INA as an alien of extraordinary ability in the sciences, arts, education, business, or athletics. In all other cases, the petitioner of the I-140 must be a U.S. employer.  Approval of petition establishes basis for the beneficiary to apply for immigrant visa.

• Job offer must be for permanent, full-time employment at prevailing U.S. wages.
• Most of the employment classifications require labor certification (Form ETA 750) from the Department of Labor before I-140 petition can be filed.

        *** When examining labor certifications, the Department of Labor is checking to see if the employer created a job description with minimum requirements to suit a particular alien and in effect limit a U.S. job applicant's chance to fill this position. ***

Classifications of employment based immigrants:

EB-1 Employment-Based First Preference, INA §203(b)(1), 8 USC §1153(b)(1)

 Aliens with extraordinary ability (E11)

     Aliens with extraordinary ability means a level of expertise,  indicating that the individual is one of that small percentage  who has risen to the very top of the field of endeavor. 8 CFR § 204.5(h)(2).

• Must have an approved labor petition
• Labor certificate is not required
• Specific job offer is not required, but must be coming to work in alien's specific field
• Must have sustained national or international acclaim
• Extraordinary abilities could be demonstrated by awards, published materials, participation in exhibitions etc.
• Requires passport - admission at port of entry does not require an immigrant visa

 Outstanding professors and researchers. (E12)

• Must have an approved I-140 petition
• labor certification is not required
• Employment can be in any academic field
• Job offer must be from either a U.S. university or institution of higher learning offering a tenure-track position or permanent reserch position or a permanent resercdh position from privater employer.
• Alien must have 3 years of prior teaching/research experience.
• Requires passport - admission does not require an immigrant visa.

 Certain Multinational Executives or Managers. (E13)

• Must have an approved I-140 petition
• labor certification is not required
• Employer must conduct business in two or more countries
• Alien's Previous Work Experience
• Must have been manager of executive
• Must have one year experience within 3 years
• Experience must be for the same company that files the petition
• Job offer must be from U.S. employer stating a description of the job duties and that the alien will be employed in managerial position. 
• Requires passport - admission does not require an immigrant visa.

EB-2 Employment-Based Second Preference, INA §203(b)(2), 8 USC §1153(b)(2)

 Aliens who are members of the profession holding advanced degrees or aliens of exceptional ability. (E21)

• Must have an approved I-140
• Labor certification (or waiver based on national interest
• Job offer must demonstrate that employment requires a professional holding and advanced degree or alien of exceptional ability

EB-3 Employment-Based Third Preference, INA §203(b)(3), 8 USC §1153(b)(3) 

Skilled workers (E31)

• Must have an approved I-140
• Labor certification
• Job must require two years of training or experience
• Proof of education, training or experience

 Professional (E32)

• Must have an approved I-140
• Labor certification
• Job must require at least baccalaureate degree (experience cannot count towards degree)
• The alien must be a member of a profession

 Unskilled worker (EW3)

• Have an approved I-140
• Labor Certification
• Job requires less than two years of training or experience

 Employment-Based Fourth Preference –Religious Workers, INA §203(b)(4), 8 USC §1153(b)(4)

• Member of religious denomination having bonafide nonprofit, religious organization in the U.S. for two years immediately prior to filing
• Seeks to enter U.S. to work full time in a compensated position as a minister, or religious vocation organization
• For religious organization in the U.S.
     – Concurrent Filing
     – Investigations

Employment-based Fifth Preference, INA 203(b)(5), 8 USC §1153(b)(5)

Alien entrepreneurs, at the time of admission or adjustment of status, are considered conditional lawful resident and will be good for 2 years only. In order to remove condition, an entrepreneur must file form I-829, which must include evidence that the prescribed capital was invested and that the enterprise was established. 

 To learn more about about EB-5 investment opportunities follow this link.