Chapter 2 - Eligibility Requirements

The employment-based immigrant classifications are comprised of the following categories of workers:

  • First preference workers, including persons of extraordinary ability, outstanding professors or researchers, and multinational executives or managers (EB-1);[1]

  • Second preference workers, including members of the professions holding advanced degrees and persons of exceptional ability (EB-2);[2] and

  • Third preference workers, including skilled workers, professionals, and other workers (EB-3).[3]

The following table outlines the eligibility requirements that must be met in order for a noncitizen to obtain permanent residence in the United States based on employment.

General Eligibility Requirements for Employment-Based Immigration

If a job offer is required, the petitioning employer meets the classification-specific requirements and has the ability to pay the proffered wage.[4]

The beneficiary qualifies under one of the employment-based immigrant classifications.[5]

Where applicable, the beneficiary has an individual permanent labor certification application approved by the U.S. Department of Labor or seeks a Schedule A blanket labor certification.[6]

Footnotes


[^ 1] See INA 203(b)(1).

[^ 2] See INA 203(b)(2).

[^ 3] See INA 203(b)(3).

[^ 4] For more information about employer requirements, see Part F, Employment-Based Classifications [6 USCIS-PM F]. For information about employers that are successors to the entity that filed the labor certification application, see Chapter 3, Successor-in-Interest in Permanent Labor Certification Cases [6 USCIS-PM E.3]. For information on ability to pay, see Chapter 4, Ability to Pay [6 USCIS-PM E.4]. Finally, see generally Chapter 5, Business Structure [6 USCIS-PM E.5].

[^ 5] See Part F, Employment-Based Classifications [6 USCIS-PM F].

[^ 6] See INA 212(a)(5). This requirement only applies to EB-2 and EB-3 classifications. See INA 212(a)(5)(D). For individual applications, see Chapter 6, Labor Certification [6 USCIS-PM E.6]. For Schedule A blanket certification, see Chapter 7, Schedule A Designation Petitions [6 USCIS-PM.E.7].

Current as of July 26, 2021