EB visas: Qualifying for permanent residence in employment-based preference categories

An overview of the five preference categories of employment-based permanent residence petitions or “EB” immigrant visas

There are several ways for foreign workers to enter the U.S. on a temporary or a permanent basis. This article provides an overview of the five preference categories of employment-based permanent residence petitions or “EB” immigrant visas, which allow foreign nationals to work and to live lawfully and permanently in the U.S. indefinitely. Employment based immigration is subject to a per-country limit and, overall, favors applicants with more sophisticated training, experience and skills.

EB-1 preference: Priority workers

EB-3 preference: Skilled workers, professionals and unskilled workers

The EB-3 preference category covers “skilled workers” capable of performing jobs for which qualified workers are not available in the U.S., “professionals holding baccalaureate degrees” for which qualified workers are not available in the U.S., and “other workers” who are capable of performing unskilled labor for which qualified U.S. workers are not available. As with the second preference, a labor certified is required. However, unlike the second preference, there is no provision for national interest waivers.

Contributing Author

author image

Tina M. Maiolo

A member of Carr Maloney, P.C., Tina Maiolo partners with clients to operate and grow their businesses. She focuses her legal practice in...

Bio and more articles

Contributing Author

author image

Suzanne E. Derr

Suzanne Derr of Carr Maloney focuses her practice on civil litigation, including matters of products liability, professional liability, and premises liability.

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.