Chapter 1 - Purpose and Background

A. Purpose

Congress provided several classifications for employment-based immigration to allow a limited number of aliens to become lawful permanent residents (LPRs) based on certain skillsets.

B. Background

For a person to immigrate on an employment basis, his or her employer or intending employer must file a petition for an employment-based immigrant classification using a Petition for Alien Workers (Form I-140). The petitioning employer must demonstrate to USCIS that the beneficiary is qualified for the immigrant classification sought.^[1]

If the petition is based on an underlying approved permanent labor certification application, then the immigrant petition must be filed during the validity period of the permanent labor certification established by the U.S. Department of Labor (DOL). The petitioner must demonstrate that the beneficiary is qualified for the position certified by DOL. Not all employment-based immigrant classifications require the petitioner to first obtain permanent labor certification. In addition, in certain classifications, the beneficiary can self-petition for the classification sought.

This Part E provides general information relating to employment-based immigrant petitions. Part F provides a more detailed discussion of the specific immigrant classifications.^[2]

Visa Classifications

The following table lists the categories of employment-based immigrant visa classifications, the corresponding codes of admission, and where to find additional guidance about the classifications.

C. Legal Authorities

• INA 203(b)(1), (2), (3) – Preference allocation for employment-based immigrants
• 8 CFR 204.5 – Petitions for employment-based immigrants
• 20 CFR 656 – Labor certification process for permanent employment of aliens in the United States

Footnotes

[^ 1] This Part generally uses the simplified terms petition, petitioner, and beneficiary. The term petition refers to the Immigrant Petition for Alien Workers (Form I-140). The term petitioner generally refers to the petitioning employer, though in some circumstances the petitioner may be a self-petitioning alien. The term beneficiary refers to the alien who is the beneficiary of the petition, who in some cases may also be a self-petitioner.

[^ 2] See Part F, Employment-Based Classifications [6 USCIS-PM F].