October 1, 2011, marks the beginning of fiscal year 2012 and the availability of more employment-based visas.

The employment-based visa quota for fiscal year 2011 was reached in the middle of September, 2011. The government put any EB immigrant visa cases in process on hold until October 3, when USCIS can again approve cases for adjustment of status.

There are approximately 140,000 employment-based visas available every fiscal year. These visas include:

  • EB-1 visas: The employment first preference category covers what the USCIS calls "priority workers," including:
    • People with extraordinary ability in art, education, science, business or athletics (known nationally or internationally)
    • Outstanding researchers and professors (at least three years of experience and recognized internationally)
    • Multinational managers and executives (employed by U.S. employer's affiliate, branch, parent or subsidiary)
  • EB-2 visas: The employment second preference category covers:
    • Professionals who have advanced degrees (greater than baccalaureate degree, or baccalaureate degree and at least five years of experience in profession)
    • People of exceptional ability in science, art or business
  • EB-3 visas: The employment third preference category covers:
    • Skilled workers (at least two years of training/work experience)
    • Professionals (at least a baccalaureate degree)
    • Unskilled workers (less than two years of training)
  • EB-4 visas: The employment fourth preference category covers certain special immigrants, including broadcasters, religious ministers, certain former employees of the U.S. government, certain NATO-6 civilians and others.
  • EB-5 visas: The employment fifth preference category covers immigrant investors - foreign citizens who will invest $500,000 to $1,000,000 in the U.S. economy and create at least 10 full-time jobs.

The EB-1, EB-2 and EB-3 visas cover 28.6 percent (each) of the available employment-based visas, while EB-4 and EB-5 visas cover 7.1 percent each.

Whether you are an employer considering hiring a foreign national or an immigrant applying for an employment-based visa, speak with an Orlando immigration lawyer to learn more about the EB visas.

Source: Bureau of Consular Affairs, "Employment-Based Immigrant Visas."