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A. Employment Based Immigration :

1. Employment Based First Preference (EB1) or Priority Workers is comprised of the following three categories :

a. Extraordinary Ability
Employer and Labor Certification not required
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."

b. Outstanding Professor or Researcher
Employer required but Labor Certification not required
This category is for "outstanding" academicians - professors and researchers who can establish a high level / degree of achievement in their fields.

c. Multinational Executive or Manager
Employer required but Labor Certification not required
This immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies.

2. The Employment Based Second Preference (EB2)
Employer & Labor Certification required unless in the National Interest
This immigrant visa category is for "members of the professions holding advanced degrees," and "aliens of exceptional ability."

3. The Employment Based Third Preference (EB3)
Employer and Labor Certification required
This is for individuals who are "skilled workers, professionals, and other workers."

4. The Employment Based Fourth Preference (EB4)
Employer required and Labor Certification not required
This is comprised of "special immigrants" - religious ministers, certain long-time employees of the U.S. government

5. The Employment-Based Fifth Preference (EB5)
Labor Certification not required
This is comprised of those who invest one million dollars in a new enterprise.

B. Immediate Relatives and Family :
Immediate relatives of U.S. citizens are: spouses, children, and parents.

C. Marriage :
Marriages within and outside the United States

D. Lottery :
Since October 1994, there has been an annual permanent lottery program in place (Diversity Visa Lottery Program).

E. Other Avenues :
Examples are the asylum/refugee petition and certain types of applications available only in removal proceedings.


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Posted Apr 11, 2003