Which category of immigrants is exempt from certain employment-based restrictions under the EB classification?

The category of immigrants that is exempt from certain employment-based restrictions under the EB classification is primarily focused on those in the EB-4 and EB-5 categories. The EB-4 category includes special immigrants, such as certain religious workers, and those who may require special considerations based on their role or situation within the U.S. immigration system. These immigrants might be exempt from labor certification and certain other employment-based restrictions that typically apply to EB-2 and EB-3 categories, which require employers to demonstrate that there are no qualified U.S. workers available for the position.

The EB-5 category is designed for immigrant investors who invest a significant amount of capital to create or preserve jobs in the U.S. This category also offers exemptions from specific restrictions, acknowledging the economic contribution of investors to the U.S. economy.

The other categories mentioned, like EB-2, EB-3, and EB-1, do not provide such exemptions in the same way, as they are subject to labor certification requirements and have different criteria for eligibility. Hence, focusing on the unique placements of EB-4 and EB-5 as special categories helps clarify the rationale behind their exemptions from certain employment-based restrictions.