What is a preference category and under which preference category is my application being processed?
Congress has designated those groups to which it gives preference in immigrating to the U.S. Employment-based applications are broken down into five (5) preference categories. Each preference category is subject to an overall numerical limitation of visas.
The first employment-based preference category (EB1), which does not require a labor certification application, is set aside for priority workers falling into one of the following categories:
a. Individuals demonstrating Extraordinary Ability in the arts, sciences, education, business, and athletics (EB1-1)
b. Outstanding Researchers and professors (EB1-2)
c. Multinational Managers and executives transferred to the U.S. from a foreign affiliate, subsidiary, branch or parent of the U.S. office (EB1-3)
The second employment-based preference category (EB2), which usually requires a labor certification application, is set aside for the following:
a. Aliens who possess exceptional ability in the sciences, arts and business who are entering the U.S. to fill a position which requires an individual of exceptional ability.
b. Aliens who posses an advanced degree (defined as any U.S. academic or professional degree above a bachelors degree level OR a bachelors degree and at least five (5) years of progressive experience) who are entering the U.S. to fill a position that requires an advanced degree or a bachelors degree plus five (5) years of progressive experience.
Labor certification is required for the second employment-based preference category, unless it can be demonstrated that the alien’s entry will benefit the U.S. national interest to such a high degree that it is in the best interest of the country not to attempt to recruit U.S. workers for the position. Due to a recent case law regarding the “national interest” standard, such a demonstration has become extremely difficult to establish.
The third employment-based preference category (EB3), which requires a labor certification application, is set aside for the following:
a. Professionals with a bachelors degree (actual U.S. degree or foreign degree equivalent)
b. Skilled workers (filling positions requiring at least two (2) years of training and experience)
c. Unskilled workers (filling that require less than two (2) years of experience)
The appropriate preference category is dependent upon the position duties, requirements and the alien’s qualifications.
