The U.S. government offers five different Employment-based immigration visas based on preference. Every year, there are almost 140,000 Employment-based visas open for foreign nationals in the United States. It is the best opportunity for highly qualified individuals who wish to reside as lawful permanent residents in the U.S.
Instead of applying for a temporary or a non-immigrant visa, an applicant with competence, an advanced degree, and working experience can qualify for any one of the five different types of Employment-based Visas. This guide provides a comprehensive overview of the different types of employment-based Visas.
EB-1 VISA/GREEN CARD
It is the first preference employment-based immigration visa program. It preferred skilled individuals with exceptional abilities in their pertinent fields. However, Professors with outstanding records, researchers, multinational managers, and executives are considered eligible for First preference employment-based visas.
The EB-1 visa has three subcategories. EB-1A, EB-1B, and EB-1C with different requirements.
EB-1A visa requirements look for an individual who has extraordinary expertise in a relevant field and can show proper evidence of their achievements recognized by international organizations. In that case, the applicant does not require a U.S. job offer and sponsorship.
EB-1B is looking for professors with outstanding teaching experience and researchers with three years of research experience in their field. U.S. job offers and a record of achievement are required.
EB-1C prefers managers and executives with at least three years of experience in a multinational organization. However, the individual is eligible if he continues his work for the same employer. Moreover, an applicant must have shown working in an organization that has an international office workspace.
EB-2 VISA/GREEN CARD:
The second preference for employment-based immigration visas is for individuals carrying advanced professional degrees and exceptional abilities in their respective fields. Categorically, the EB-2 visa has three subcategories, EB-2A advanced degree professional, EB-2B Individual with Exceptional ability, and EB-2 NIW (National interest waiver).
The applicant for EB-2A with an advanced degree requires a U.S. job offer and labor certification. On the other hand, the EB-2B applicant has to show evidence of exceptional abilities, or an individual has to prove that their expertise has significant value in their respective field. The individual who intends to apply through the National Interest Waiver application.
He has to go with the subcategory EB-2 NIW. Unlike EB-2A and EB-2B, EB-2 NIW (National Interest Waiver) sets different criteria. If the applicant provides evidence of work in the National Interest, then NIW waives the requirement of job offers and labor certification or PERM. However, the applicant can file a self-petition (I-140) in USCIS for the Alien worker.
EB-3 VISA/GREEN CARD:
EB-3 visa is a Third preference employment-based immigration visa for skilled workers, Professionals, and other workers. Being eligible for an EB-3 visa applicant must be one of the following.
A skilled worker with at least two years of labor experience. A bachelor’s degree holder from the U.S. or a foreign equivalent with at least two years of experience. An unskilled or other worker with less than two years of labor training experience.
The above three subcategories required a permanent U.S. job offer and PERM or a labor Certificate by the employer. Employers must prove that no qualified U.S. workers were available for the position offered to the foreign national.
If failed to prove this, the U.S. government never allows it to affect the monthly wages and working conditions of U.S. workers who are eligible for that position. Unlike other employment visas, rules for EB-3 visas do not have strict requirements. Therefore visas may take more time when being processed.
EB-4 VISA/GREEN CARD:
Fourth preference employment-based immigration visa offer for special immigrants who are not eligible for any other type of employment-based visa. Special immigrants include religious workers, special immigrant juveniles, employees retired from international organizations, armed forces members, physicians with a U.S working license, Iraqi and Afghan translators, broadcasters, and more.
Applicants from each category have different eligibility criteria for EB-4 visa. It’s suggested to the potential applicant, should take complete assistance from an experienced immigration attorney (USCIS) website for detailed information on the EB-4 visa category and application process.
EB-5 VISA/GREEN CARD:
The fifth preference is the employment-based immigration visa category in the U.S. designed for Foreign Investors who want to obtain lawful permanent resident status. Investors should have to invest $500,000 to $1 million in a job-creating enterprise that employs at least ten full-time U.S. Workers.
This visa program has its specific policies and laws. You have to ensure observance of all the requirements. It’s suggested to the Potential investor that they should seek guidance from an experienced immigration attorney or reputable regional centers before proceeding with investments.
Individuals searching for immigration requirements must verify this information from the official website before applying. Proper and complete documentation made a strong and compelling case. The applicant must keep updated to check for any changes in the policies and immigration laws on the USCIS website.