Employment-based immigration

Expert-defined terms from the Professional Certificate in Immigration Law and Professional Responsibility course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.

Employment-based immigration

Employment #

based immigration:

Employment #

based immigration is a category of immigration that allows foreign nationals to come to the United States for work purposes. This type of immigration is based on a person's employment status or potential job offer in the U.S.

EB #

1:

The EB #

1 visa is an employment-based immigrant visa category for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. This category also includes outstanding professors and researchers as well as multinational managers and executives.

EB #

2:

The EB #

2 visa is an employment-based immigrant visa category for individuals with advanced degrees or exceptional abilities in their field. This category also includes foreign nationals with exceptional abilities in the sciences, arts, or business who will substantially benefit the U.S. economy, cultural, or educational interests.

EB #

3:

The EB #

3 visa is an employment-based immigrant visa category for skilled workers, professionals, and other workers. Skilled workers are individuals with at least two years of training or experience, professionals are those with a bachelor's degree or equivalent, and other workers are those with less than two years of experience.

PERM #

Program Electronic Review Management (PERM) is the system used by the U #

S. Department of Labor (DOL) for processing labor certification applications for certain employment-based immigrant visas. Employers must go through the PERM process to demonstrate that there are no qualified U.S. workers available to fill the position.

Labor certification #

Labor certification is a process through which an employer demonstrates to the U #

S. Department of Labor that there are no qualified U.S. workers available for a certain job opportunity. This is a necessary step for many employment-based immigrant visas.

H #

1B visa:

The H #

1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. This visa is popular among technology companies and other industries that require specialized skills.

LCA #

The Labor Condition Application (LCA) is a form that U #

S. employers must file with the Department of Labor when they want to hire foreign workers on H-1B, H-1B1, or E-3 visas. The LCA attests that the employer will pay the foreign worker the prevailing wage for the position.

Green card #

A green card, also known as a Permanent Resident Card, is an identification docu… #

Green card holders have many of the same rights and responsibilities as U.S. citizens.

Adjustment of status #

Adjustment of status is the process through which an eligible foreign national a… #

This process is commonly used by individuals with an employment-based immigrant visa.

Portability #

Portability refers to the ability of an individual with an approved employment #

based immigrant visa petition to change jobs or employers within the same or similar occupational classification without having to file a new petition or go through the labor certification process again.

National interest waiver #

The National Interest Waiver (NIW) is a provision that allows certain employment #

based immigrant visa applicants to bypass the labor certification process if their work is deemed to be in the national interest of the United States. This waiver is commonly used by individuals in the EB-2 category.

Priority date #

The priority date is the date that an individual's petition for an employment #

based immigrant visa is filed with the U.S. Citizenship and Immigration Services (USCIS) or the Department of Labor. This date is used to determine when an individual can apply for permanent resident status.

Consular processing #

Consular processing is the process through which an individual who is outside th… #

S. consulate or embassy. This process is used for individuals who are not eligible for adjustment of status in the U.S.

Immigrant petition #

An immigrant petition is a form filed with the U #

S. Citizenship and Immigration Services (USCIS) by a U.S. employer on behalf of a foreign national seeking to immigrate to the United States for employment purposes. This petition is the first step in the employment-based immigration process.

Nonimmigrant visa #

A nonimmigrant visa is a temporary visa that allows a foreign national to enter… #

Nonimmigrant visas do not lead to permanent resident status or citizenship.

Dual intent #

Dual intent is a concept in immigration law that allows certain nonimmigrant vis… #

This means that they can apply for a green card while in the U.S. on a nonimmigrant visa without jeopardizing their status.

AC21 #

The American Competitiveness in the Twenty #

First Century Act (AC21) is a law that allows certain foreign workers to change jobs or employers without losing their place in line for an employment-based immigrant visa. This law also includes provisions for H-1B visa extensions and portability.

EB #

4:

The EB #

4 visa is an employment-based immigrant visa category for special immigrants, including religious workers, certain foreign employees of the U.S. government abroad, and other eligible individuals. This category is reserved for specific groups of immigrants with unique circumstances.

EB #

5:

The EB #

5 visa is an employment-based immigrant visa category for investors who are willing to invest a significant amount of money in a new commercial enterprise in the United States. This visa is designed to stimulate the U.S. economy through job creation.

PERM audit #

A PERM audit is a request for additional documentation or information by the U #

S. Department of Labor as part of the labor certification process. Employers may be audited to ensure compliance with the program's requirements.

EB #

1A:

The EB #

1A visa is a subcategory of the EB-1 visa for individuals with extraordinary abilities in their field. This category is for individuals who have risen to the top of their profession and have sustained national or international acclaim.

EB #

1B:

The EB #

1B visa is a subcategory of the EB-1 visa for outstanding professors and researchers. This category is for individuals who are recognized internationally as outstanding in their academic field.

EB #

1C:

The EB #

1C visa is a subcategory of the EB-1 visa for multinational managers and executives. This category is for individuals who have been employed abroad by the same multinational employer for at least one of the past three years.

EB #

2 NIW:

The EB #

2 National Interest Waiver (NIW) is a subcategory of the EB-2 visa that allows certain foreign nationals with exceptional abilities or advanced degrees to bypass the labor certification process by demonstrating that their work is in the national interest of the United States.

EB #

2 PERM exemption:

The EB #

2 PERM exemption is a provision that allows certain foreign nationals with advanced degrees or exceptional abilities to bypass the labor certification process when they have a job offer from a U.S. employer that is in the national interest of the United States.

EB #

3 skilled worker:

The EB #

3 skilled worker category is for individuals with at least two years of training or experience in a skilled occupation. This category requires a permanent, full-time job offer from a U.S. employer and the labor certification process.

EB #

3 professional:

The EB #

3 professional category is for individuals with a bachelor's degree or equivalent in a professional occupation. This category requires a permanent, full-time job offer from a U.S. employer and the labor certification process.

EB #

3 other worker:

The EB #

3 other worker category is for individuals with less than two years of training or experience in an unskilled occupation. This category requires a permanent, full-time job offer from a U.S. employer and the labor certification process.

EB #

3 downgrade:

An EB #

3 downgrade is the process of changing an individual's employment-based immigrant visa petition from the EB-2 category to the EB-3 category. This may be necessary if the individual's qualifications do not meet the requirements for the EB-2 category.

EB #

2 to EB-3 porting:

EB #

2 to EB-3 porting is the process through which an individual with an approved EB-2 immigrant visa petition chooses to file a new petition in the EB-3 category. This may be done to take advantage of faster processing times or to meet the requirements of the EB-3 category.

PERM recruitment #

PERM recruitment is the process through which U #

S. employers must advertise a job opportunity to test the labor market before filing a labor certification application. This recruitment is designed to ensure that there are no qualified U.S. workers available for the position.

EB #

1 criteria:

The EB #

1 criteria are the requirements that individuals must meet to qualify for an EB-1 visa. These criteria include demonstrating extraordinary abilities in the sciences, arts, education, business, or athletics, as well as outstanding achievements as a professor or researcher or as a multinational manager or executive.

EB #

2 criteria:

The EB #

2 criteria are the requirements that individuals must meet to qualify for an EB-2 visa. These criteria include having an advanced degree or exceptional abilities in the sciences, arts, or business that will substantially benefit the U.S. economy, cultural, or educational interests.

EB #

3 criteria:

The EB #

3 criteria are the requirements that individuals must meet to qualify for an EB-3 visa. Skilled workers must have at least two years of training or experience, professionals must have a bachelor's degree or equivalent, and other workers must have less than two years of experience.

EB #

5 investment:

The EB #

5 investment is the capital that an investor must put into a new commercial enterprise in the United States in order to qualify for an EB-5 visa. This investment must create at least 10 full-time jobs for U.S. workers.

EB #

5 regional center:

An EB #

5 regional center is a designated organization that sponsors EB-5 investment projects and facilitates job creation in targeted employment areas. Investors who invest in projects through regional centers may be eligible for certain benefits.

EB #

5 job creation:

EB #

5 job creation refers to the requirement that an EB-5 investment must create at least 10 full-time jobs for U.S. workers in order for the investor to qualify for an EB-5 visa. These jobs must be created within a certain timeframe.

EB #

5 source of funds:

The EB #

5 source of funds is the origin of the capital that an investor uses to make an EB-5 investment. Investors must demonstrate that their funds were obtained through lawful means and are traceable from the original source to the investment.

EB #

5 conditional green card:

An EB #

5 conditional green card is a temporary green card that is issued to EB-5 investors and their eligible family members. This card is valid for two years and allows the investor to live and work in the United States while waiting to remove the conditions on their permanent resident status.

EB #

5 job creation requirement:

The EB #

5 job creation requirement mandates that an EB-5 investment must create at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident. This requirement is a key component of the EB-5 program.

EB #

5 regional center program:

The EB #

5 regional center program is a part of the EB-5 immigrant investor program that allows investors to pool their capital in regional center-sponsored projects. This program is designed to stimulate economic growth and create jobs in targeted employment areas.

EB #

5 direct investment:

An EB #

5 direct investment is an investment made by an individual investor in a new commercial enterprise that directly creates jobs. This type of investment allows the investor to have more control over the business and its operations.

EB #

5 indirect job creation:

EB #

5 indirect job creation refers to the jobs that are created as a result of an EB-5 investment in a new commercial enterprise. These jobs may be created through the economic impact of the investment on the local economy.

EB #

5 capital at risk:

EB #

5 capital at risk is the requirement that EB-5 investors must put their investment capital at risk in a new commercial enterprise in order to qualify for an EB-5 visa. This means that the investment must be subject to the risk of loss.

EB #

5 investor visa:

The EB #

5 investor visa is an employment-based immigrant visa that allows foreign investors to obtain permanent resident status in the United States by making a significant investment in a new commercial enterprise that creates jobs for U.S. workers.

EB #

5 job creation requirement:

The EB #

5 job creation requirement mandates that an EB-5 investment must create at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident. This requirement is a key component of the EB-5 program.

EB #

5 regional center program:

The EB #

5 regional center program is a part of the EB-5 immigrant investor program that allows investors to pool their capital in regional center-sponsored projects. This program is designed to stimulate economic growth and create jobs in targeted employment areas.

EB #

5 direct investment:

An EB #

5 direct investment is an investment made by an individual investor in a new commercial enterprise that directly creates jobs. This type of investment allows the investor to have more control over the business and its operations.

EB #

5 indirect job creation:

EB #

5 indirect job creation refers to the jobs that are created as a result of an EB-5 investment in a new commercial enterprise. These jobs may be created through the economic impact of the investment on the local economy.

EB #

5 capital at risk:

EB #

5 capital at risk is the requirement that EB-5 investors must put their investment capital at risk in a new commercial enterprise in order to qualify for an EB-5 visa. This means that the investment must be subject to the risk of loss.

EB #

5 investor visa:

The EB #

5 investor visa is an employment-based immigrant visa that allows foreign investors to obtain permanent resident status in the United States by making a significant investment in a new commercial enterprise that creates jobs for U.S. workers.

EB #

5 job creation requirement:

The EB #

5 job creation requirement mandates that an EB-5 investment must create at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident. This requirement is a key component of the EB-5 program.

EB #

5 regional center program:

The EB #

5 regional center program is a part of the EB-5 immigrant investor program that allows investors to pool their capital in regional center-sponsored projects. This program is designed to stimulate economic growth and create jobs in targeted employment areas.

EB #

5 direct investment:

An EB #

5 direct investment is an investment made by an individual investor in a new commercial enterprise that directly creates jobs. This type of investment allows the investor to have more control over the business and its operations.

EB #

5 indirect job creation:

EB #

5 indirect job creation refers to the jobs that are created as a result of an EB-5 investment in a new commercial enterprise. These jobs may be created through the economic impact of the investment on the local economy.

EB #

5 capital at risk:

EB #

5 capital at risk is the requirement that EB-5 investors must put their investment capital at risk in a new commercial enterprise in order to qualify for an EB-5 visa. This means that the investment must be subject to the risk of loss.

EB #

5 investor visa:

The EB #

5 investor visa is an employment-based immigrant visa that allows foreign investors to obtain permanent resident status in the United States by making a significant investment in a new commercial enterprise that creates jobs for U.S. workers.

EB #

5 job creation requirement:

The EB #

5 job creation requirement mandates that an EB-5 investment must create at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident. This requirement is a key component of the EB-5 program.

EB #

5 regional center program:

The EB #

5 regional center program is a part of the EB-5 immigrant investor program that allows investors to pool their capital in regional center-sponsored projects. This program is designed to stimulate economic growth and create jobs in targeted employment areas.

EB #

5 direct investment:

An EB #

5 direct investment is an investment made by an individual investor in a new commercial enterprise that directly creates jobs. This type of investment allows the investor to have more control over the business and its operations.

EB #

5 indirect job creation:

EB #

5 indirect job creation refers to the jobs that are created as a result of an EB-5 investment in a new commercial enterprise. These jobs may be created through the economic impact of the investment on the local economy.

EB #

5 capital at risk:

EB #

5 capital at risk is the requirement that EB-5 investors must put their investment capital at risk in a new commercial enterprise in order to qualify for an EB-5 visa. This means that the investment must be subject to the risk of loss.

EB #

5 investor visa:

The EB #

5 investor visa is an employment-based immigrant visa that allows foreign investors to obtain permanent resident status in the United States by making a significant investment in a new commercial enterprise that creates jobs for U.S. workers.

EB #

5 job creation requirement:

The EB #

5 job creation requirement mandates that an EB-5 investment must create at least 10 full-time jobs for U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident. This requirement is a key component of the EB-5 program.

EB #

5 regional center program:

The EB #

5 regional center program is a part of the EB-5 immigrant investor program that allows investors to pool their capital in regional center-sponsored projects. This program is designed to stimulate economic growth and create jobs in targeted employment areas.

EB #

5 direct investment:

An EB #

5 direct investment is an investment made by an individual investor in a new commercial enterprise that directly creates jobs. This type of investment allows the investor to have more control over the business and its operations.

EB #

5 indirect job

May 2026 intake · open enrolment
from £90 GBP
Enrol