Employment-Based Immigration
Immigration Law · Lesson 03
Employment-Based Immigration
這一課問的是：外國人是否依雇用優先類別獲移民簽證資格？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Does the foreign national qualify for employment-based immigrant visa under preference category?
這一課問的是：外國人是否依雇用優先類別獲移民簽證資格？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
EB-1
Tap to see meaning
Priority workers — extraordinary ability, outstanding researchers, multinational executives.
EB-1。
EB-2
Tap to see meaning
Advanced degree professionals or exceptional ability.
EB-2。
EB-3
Tap to see meaning
Skilled workers, professionals, other workers.
EB-3。
EB-4
Tap to see meaning
Special immigrants (religious workers, etc.).
EB-4。
EB-5
Tap to see meaning
Investors — minimum $800,000-$1.05M with job creation.
EB-5。
PERM labor certification
Tap to see meaning
Required for most EB-2/EB-3 — proves no US worker available.
PERM 勞工證書。
NIW
Tap to see meaning
National Interest Waiver — bypass labor cert for EB-2 in US national interest.
NIW。
Issue · what this lesson is really about
Does the foreign national qualify for employment-based immigrant visa under preference category?
這一課問的是：外國人是否依雇用優先類別獲移民簽證資格？
Trigger words & phrases that should flag this issue:
EBemployer petitionlabor certificationpriority workerPERM
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State preference categories | EB-1 (priority workers), EB-2 (advanced degree/exceptional ability), EB-3 (skilled/professional/other), EB-4 (special), EB-5 (investors). | EB-1 至 EB-5 類別。 |
| Apply PERM | Most EB-2 and EB-3 require employer to obtain PERM labor certification showing no qualified US worker available. | 多數 EB-2/EB-3 須 PERM 勞工證書。 |
| Apply NIW | NIW allows EB-2 self-petition without labor cert if work is in US national interest under Matter of Dhanasar. | NIW 容許 EB-2 自願申請。 |
| Apply EB-5 | EB-5 investor must invest $1.05M (or $800K in targeted area) creating 10+ full-time US jobs. | EB-5：$1.05M（目標區 $800K）+ 10 個職位。 |
Rule Sentence · the workhorse
Employment-based immigration provides five preference categories: EB-1 priority workers (extraordinary ability, outstanding researchers, multinational executives), EB-2 advanced degree professionals or exceptional ability, EB-3 skilled workers and professionals, EB-4 special immigrants, and EB-5 investors; most EB-2 and EB-3 petitions require PERM labor certification.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人US employer or self-petitioner美國僱主或自願申請人
Act 行為filing immigrant petition提起移民申請
Object 對象foreign national worker外國工作者
Standard 法律標準EB category requirementsEB 類別要件
Consequence 後果immigrant visa移民簽證
Casebook Snapshot · a real American case
Matter of Dhanasar
Holding. National Interest Waiver requires petitioner to show (1) the proposed endeavor has both substantial merit and national importance; (2) the petitioner is well-positioned to advance the proposed endeavor; and (3) on balance, it would be beneficial to the US to waive the job offer and labor certification requirements.
Why it matters. Dhanasar replaced prior NYSDOT framework with more flexible three-prong test.
Dhanasar：NIW 三要件。
Common Mistakes · what trips students
✗ PERM 適用所有 EB。
✓ EB-1 generally no PERM; EB-5 separate investor framework.
EB-1 通常免；EB-5 為投資。
Mini IRAC · build the Application
Issue. Does P, a researcher with publications and grants who proposes work on climate-change adaptation, qualify for National Interest Waiver?
Rule. Under Matter of Dhanasar, NIW requires (1) substantial merit and national importance, (2) petitioner well-positioned to advance, (3) on balance beneficial to waive job offer/labor cert.
Application (model). P proposes work on climate-change adaptation — substantial merit and national importance; P has publications, grants, and track record showing P is well-positioned. Because Dhanasar's three-prong test is satisfied where the work has national importance, the petitioner has demonstrated capacity to advance, and waiver benefits the US, the fact that climate research has clear national importance and P's record demonstrates capacity means NIW prongs 1 and 2 are met.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P likely qualifies for National Interest Waiver under Dhanasar (subject to balancing analysis).
MBE Check · multiple choice
P, a foreign citizen, wants to invest $900,000 in a US business creating 10 jobs in a rural area. Does P qualify for EB-5?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: