Sponsoring an Employee for Permanent Resident Status: Part I, What Employees Can a U.S. Citizen Employer File For?

Which employees may I file for?

A U.S. employer may sponsor a prospective or current foreign national employee who is inside or outside the United States and who may qualify under one or more of the employment-based (EB) immigrant visa categories. The EB visa categories are divided into several preference categories. These EB visa categories are organized by occupational priorities as mandated by Congress. The first four of these EB visa categories are available to otherwise eligible foreign nationals sponsored by U.S. employers:

EB-1 – Priority Workers

•                      Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;

•                      Outstanding professors and researchers;

•                      Multinational executives and managers.

EB-2 – Professionals With Advanced Degrees or Persons With Exceptional Ability

• Aliens who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States;

• Aliens who are members of professions holding advanced degrees or the equivalent.

EB-3 – Professional or Skilled Workers

•                      Professionals with a baccalaureate degree;

•                      Aliens capable of performing skilled labor (requiring at least 2 years of training or experience) for which qualified workers are not available in the United States;

•                      Aliens capable of performing unskilled labor for which qualified workers are not available in the United States.

EB-4 – Special Immigrants

•                      Religious workers;

•                      Panama Canal Company Employees, Canal Zone Government Employees, or U.S. Government in Canal Zone Employees;

•                      Certain physicians;

•                      Certain others.