First (EB-1): Priority Workers: 28.6% of the worldwide
employment-based preference level, plus any numbers not required for fourth and
fifth preferences.
Second (EB-2):
Members of the Professions Holding Advanced Degrees or Persons of
Exceptional Ability: 28.6% of the worldwide employment-based preference level,
plus any numbers not required by first preference.
Third (EB-3):
Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide
level, plus any numbers not required by first and second preferences, not more
than 10,000 of which to "Other Workers".
Fourth (EB-4):
Certain Special Immigrants: 7.1% of the worldwide level.
Fifth (EB-5):
Employment Creation: 7.1% of the worldwide level, not less than 3,000 of
which reserved for investors in a targeted rural or high-unemployment area, and
3,000 set aside for investors in regional centers by Sec. 610 of P.L.
102-395.
4. INA Section 203(e) provides that family-sponsored and employment-based
preference visas be issued to eligible immigrants in the order in which a
petition in behalf of each has been filed. Section 203(d) provides that spouses
and children of preference immigrants are entitled to the same status, and the
same order of consideration, if accompanying or following to join the
principal. The visa prorating provisions of Section 202(e) apply to allocations
for a foreign state or dependent area when visa demand exceeds the per-country
limit.
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