IMMIGRANT VISAS IN THE EMPLOYMENT BASED

IMMIGRANT VISAS IN THE EMPLOYMENT BASED CATEGORIES

The EB-1 Visa: A Pathway for the Extraordinary

The EB-1 visa offers a fast track to permanent residency in the United States for individuals who are among the best in their field, whether it's in the arts, sciences, education, business, or sports. This visa category is divided into three distinct groups:

EB-1A for Individuals with Extraordinary Ability: You do not need a job offer for this category. Instead, you must demonstrate that you have risen to the very top of your field.
EB-1B for Outstanding Professors and Researchers: Aimed at those who have garnered significant recognition in academic circles and have at least three years of experience in teaching or research.
EB-1C for Multinational Managers or Executives: Designed for those who have been employed in a managerial or executive capacity for at least one year in a firm, corporation, or an affiliate outside the U.S. and are seeking to continue their work in the U.S.

Application Steps:

Step 1: Petition Filing
An I-140 petition must be filed with the U.S. Citizenship and Immigration Services (USCIS). For EB-1A, individuals can self-petition, while EB-1B and EB-1C require sponsorship by an employer.

Step 2: Visa Availability
Once the I-140 is approved, applicants must wait for a visa to become available. The EB-1 category typically has visas readily available, significantly speeding up the process.

Step 3: Status Adjustment
If already in the U.S., the applicant can adjust their status to a permanent resident by filing Form I-485. If outside the U.S., they will go through consular processing.

Advantages of EB-1:

No labor certification required
Faster processing times
Ability for EB-1A applicants to self-petition

This visa not only accelerates the path to U.S. residency but also acknowledges the significant contributions of top-tier professionals to their fields.

The EB-3 Visa: Skilled Workers, Professionals, and Other Workers

The EB-3 visa is designed for skilled workers, professionals, and other workers who are not covered by the first two employment-based categories (EB-1 and EB-2). This visa category offers a valuable pathway for individuals to obtain permanent residency in the United States based on their employment.

Categories under EB-3 Visa:

Skilled Workers: For individuals whose job requires a minimum of two years of training or work experience that is not temporary or seasonal.
Professionals: For individuals whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions.
Other Workers (Unskilled Workers): For individuals performing unskilled labor requiring less than two years of training or experience, not temporary or seasonal.

Application Steps:

Step 1: Labor Certification
The process begins with the employer obtaining a Labor Certification from the U.S. Department of Labor, confirming that there are no qualified U.S. workers available and willing to perform the work at the prevailing wage.

Step 2: Petition Filing
The employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

Step 3: Visa Availability
Once the I-140 is approved, the applicant must wait for a visa number to become available according to their priority date and country of origin, as per the visa bulletin.

Step 4: Status Adjustment
If the applicant is already in the U.S., they can adjust their status to a permanent resident by filing Form I-485. If outside the U.S., they will proceed through consular processing.

Advantages of the EB-3 Visa:

Inclusive: Caters to a broader range of education and skills levels compared to EB-1 and EB-2.
Opportunity for permanent residency: Provides a clear path to permanent residency for workers in various sectors.

The EB-3 visa ensures that various sectors of the U.S. economy have access to necessary skilled and unskilled labor, contributing to the overall productivity and cultural diversity of the country.

The EB-2 Visa: Advanced Degrees and Exceptional Ability

The EB-2 visa is a preferred pathway for professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business, aiming to contribute significantly to the U.S. economy, cultural or educational interests, or welfare.

Categories under EB-2 Visa:

Advanced Degree: The position you are applying for must require an advanced degree (beyond a bachelor’s), and you must possess such a degree or its equivalent (a bachelor's degree plus five years progressive work experience in the field).
Exceptional Ability: You must demonstrate exceptional ability in your field of science, art, or business, which means a degree of expertise significantly above that ordinarily encountered.
National Interest Waiver (NIW): This subcategory allows individuals to self-petition and request that the Labor Certification be waived because it is in the interest of the United States.

Application Steps:

Step 1: Labor Certification
Except for those applying for a National Interest Waiver, the process begins with the employer obtaining a Labor Certification from the U.S. Department of Labor, which verifies there are no qualified U.S. workers available for the position.

Step 2: Petition Filing
The employer or the individual (in case of NIW) must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

Step 3: Visa Availability
Once the I-140 is approved, the applicant must wait for a visa number to become available. The wait time depends on the applicant’s country of origin and current visa bulletin updates.

Advantages of the EB-2 Visa:

Opportunity for a faster green card process for individuals from countries with currently available visa numbers.
Eligibility for National Interest Waiver which allows for self-petitioning and omits the need for a labor certification.

The EB-2 visa is a powerful option for those who are highly educated or exceptionally skilled in their fields, offering a pathway to contribute to U.S. society on a substantial scale.

The EB-4 Visa: Special Immigrants

The EB-4 visa category is designed for "special immigrants," which includes a diverse group of individuals such as religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and others. This visa provides a pathway to permanent residency for special categories of individuals who meet specific qualifications.

Categories under EB-4 Visa:

Religious Workers: Ministers and non-ministers in religious vocations and occupations may apply for permanent residency under this category.
Employees of U.S. Foreign Service Posts: Certain employees who have served the U.S. government abroad can qualify.
International Organization Employees: Long-term employees of international organizations relocating to the United States.
Armed Forces Members: Certain retired NATO-6 civilians and their family members, as well as foreign military members who have served with the U.S. Armed Forces.
Special Immigrant Juveniles: Minors who have been declared dependent on a juvenile court located in the United States due to abuse, neglect, or abandonment by a parent.
Certain Physicians: Those who have been in the U.S. since prior to January 9, 1978, engaged in medical practice in certain underserved areas.

Application Steps:

Step 1: Petition Filing
An eligible employer or the individual (depending on the category) must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS).

Step 2: Visa Availability
After the I-360 is approved, the applicant must wait for a visa number to become available. EB-4 visas are limited by annual caps, and availability can vary by category and country of origin.

Step 3: Status Adjustment
If the applicant is already in the U.S., they can adjust their status to a permanent resident by filing Form I-485. If outside the U.S., they proceed through consular processing.

Advantages of the EB-4 Visa:

Diverse Eligibility: Caters to a wide variety of special categories, recognizing the unique contributions of these individuals.
Direct Path to Residency: Allows for a more straightforward path to permanent residency for special immigrants who may not qualify under other employment-based visa categories.

The EB-4 visa ensures that individuals who provide special services and fulfill unique roles have the opportunity to become permanent residents of the United States, enhancing the nation's cultural and professional landscape.