There are five categories of immigrant visas based on employment:

EB-1 - workers of extraordinary ability, outstanding university professors or researchers, and transferring managers or executives of multinational corporations.

EB-2 - members of the professions holding advanced degrees or their equivalent, and 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.

EB-3 - skilled workers with at least two years of experience, professionals with a bachelor’s degree or its equivalent, and other workers with less than two years of experience.

EB-4 - special immigrants, such as religious workers, former employees of the U.S. Government, and retired employees of international organizations.

EB-5 – aliens who invest a minimum of $1 million in a new business or the restructuring or expansion of an existing business, and employ at least 10 people, not including the alien, the alien’s spouse or the alien’s children.

With a few exceptions, an alien can only immigrate to the United States based on an employment visa if the alien actually has a job offer. Once the employer has received a labor certification, and has offered the job to the alien, the employer may then file the visa petition. This is done through form I-140.

The employer will be required to submit more than simply the form I-140. The employer must also submit supporting documentation, including a copy of the approved labor certification, evidence that the job falls within one of the preference categories, and evidence that the alien possesses the appropriate education and/or experience to qualify for the job. The employer will also be required to show that it can afford to pay for the alien’s salary.