Immigration Terms (E)

employment-based (EB) immigration

General term for the permanent residency (green card) process in any category that relates to employment. It includes the usual employer-sponsored process as well as special categories, such as extraordinary ability, that are based upon the individual beneficiary’s achievements. Also included is the special immigrant category (i.e. religious workers, EB4), and persons obtaining the green card through investment in and creation of a business in the United States (EB5). EB1, EB2, and EB3 are most common preference categories.

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E-1/E-2 treaty trader / investor

These two visa categories are based upon the existence of a commercial treaty between the U.S. and the applicant’s country of nationality. Some of the treaties allow for both E-1 and E-2, while others allow for only one of the two. E-1 is for those conducting substantial trade in goods and/or services between the U.S. and the country of nationality. E-2 is for a person who has invested in an active business in the U.S. Note that the person as an individual can be carrying out trade or investment activities, or the person can be a key employee of a company that is engaged in such activities. Note: There are specific definitions for such terms as “substantial trade,” and specific requirements for the nature and source of the investment, the nationality of a company, etc. Generally detailed financial information must be disclosed when applying for an E visa. (The list of participating countries changes often as new treaties enter into force. There are about 70 qualifying countries, – India not being among them.)

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E-3 visa

Although grouped in the same category as the E-1 and E-2 visas, and carrying the same conditions of stay, the E-3 has very different requirements. The E-3 is a nonimmigrant work visa limited to Australian citizens for employment in specialty occupations. The E-3, in many respects, is similar to the H1B visa, however, the E-3 permits dependents and spouses to work.

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EB1 (also. priority workers)

Employment-based permanent residency category consisting of three distinct subcategories: persons of extraordinary ability (EA); outstanding professors and researchers (OPR); and multinational executives and managers. EA does not require sponsorship, but is limited to persons considered internationally to be at the top of their respective fields. OPR also requires international recognition and an employment sponsor. The criteria for both EA and OPR are quite high. The regulations set forth various types of evidence that can be used as proof of one’s high standing. The multinational executives and managers category is similar to the L-1 nonimmigrant category.

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EB2

Employment-based permanent residency category requiring either an advanced degree (master’s degree or equivalent) or what is known as “exceptional ability.” EB2 is utilized for two distinct types of cases. The more common type is that of professionals in jobs requiring advanced degrees, who are being sponsored through the usual employer-sponsored process requiring labor certification. The other type is the National Interest Waiver (NIW), which involves requesting a waiver of the labor certification requirement based upon the person’s significant contributions to his/her field of expertise.

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EB3

Employment-based permanent residency category consisting of three distinct subcategories: professionals in jobs requiring bachelor’s degrees; skilled workers in jobs requiring at least 2 years of experience; and “other workers” (also referred to as unskilled workers). All of these categories require labor certification. At the time of this writing, there is an annual limit of 10,000 for other worker visa numbers that has created a severe backlog in that category.

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EB5

Investor green card enabling a person who invests one million U.S. dollars ($500,000 in certain low-employment areas targeted for development) in creating or reorganizing an active U.S. business that will employ ten U.S. workers. The criteria for qualifying are quite strict, very detailed, and one is initially granted the green card only on a conditional basis. Note: There are specific requirements for the source and nature of the investment. Since about 2000, USCIS has been scrutinizing these applications extremely carefully. Owing to the difficulty in qualifying, not many people apply.

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employer sanctions

Civil and possible criminal penalties for knowingly employing, continuing to employ, or referring for a fee, persons who are unauthorized to work as established under the 1986 Immigration Reform and Control Act (IRCA). For all employees, it is necessary for the employer to comply with employment verification procedures by completing USCIS Form I-9.

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employment authorization document (EAD)

A work permit issued by USCIS to qualifying individuals after application. Employment authorization can only be granted if there is a relevant provision of law for that category, i.e. individuals with pending AOS or asylum applications, students who have been authorized for practical training, certain dependent visa (J-2, L-2) holders, persons granted temporary protected status (TPS), etc.

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employment verification

Process required of employers to confirm the legal employment status of all hires within three business days. In order to comply with this requirement, it is necessary to complete USCIS Form I-9 and to require the employee to show the documentation listed on the I-9. There are various documents, or combinations of documents, that may qualify according to the instructions on the form. Employers may not express a preference for one type of qualifying document over another; such a practice may constitute unlawful discrimination.

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entry without inspection (EWI)

The act of illegally entering the United States without inspection (examination of passport and entry document / visa by an immigration officer). All time spent in the U.S. after EWI is unlawful presence and an EWI foreign national generally is inadmissible unless s/he qualifies for a specific form of relief, such as §245(i).

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EOIR

See Executive Office for Immigration Review.

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exchange visitor

Category of J-1 visa holder sponsored by U.S. Department of State (DOS)

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exchange visitors skills list

The U.S. Department of State (DOS) has identified specific fields that involve skills and knowledge that certain countries require. If a J-1 program involves one of those identified fields for an individual’s home country, s/he will be subject to the two-year home residency requirement.

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Executive Office for Immigration Review (EOIR)

Agency within the Department of Justice that incorporates both Immigration Judges presiding over removal proceedings and the Board of Immigration Appeals (BIA).