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INA 203 visa allocation provisions

Updated: Author: Alina Kanametova

Reference Guides 106 pages Anonymized Access on request

A statutory immigration-visa allocation provision covering family-sponsored and employment-based categories under INA 203. It sets annual visa shares…

EB-2 NIW O-1 EB-1A Petition

About this document

A statutory immigration-visa allocation provision covering family-sponsored and employment-based categories under INA 203. It sets annual visa shares, eligibility rules, labor-certification and job-offer requirements, national-interest waiver authority, and EB-5 investment thresholds and regional-center rules, with several numerical caps and effective-date provisions.

Key points

  • Family-based visas are split into four preference groups with fixed annual limits and spillover rules between categories.
  • Employment-based visas are divided into five preference groups, with 28.6%, 7.1% and other category-based allocations.
  • EB-1 includes extraordinary ability, outstanding professors and researchers, and certain multinational executives or managers.
  • EB-2 covers advanced-degree professionals and aliens of exceptional ability, and allows a national interest waiver of the job-offer requirement.
  • Exceptional ability cannot be shown by a degree, diploma, certificate, or license alone.
  • EB-3 includes skilled workers, professionals, and other workers; other workers are capped at 10,000 visas per year.
  • EB-3 visas require a labor certification determination from the Secretary of Labor before issuance.
  • EB-5 requires investment in a new commercial enterprise, capital thresholds of $1,050,000 or $800,000, and creation of at least 10 qualifying jobs.

When it helps

A statutory reference for the EB-1, EB-2 NIW, EB-3, and EB-5 eligibility framework. It states the visa categories, quota structure, and key statutory requirements such as extraordinary ability, national interest waiver, labor certification, and EB-5 investment/job-creation rules.

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