Depending on your skills and experience you may qualify for an employment-based visa under EB-1 EB-2 EB-3 or EB-4 visa category. If you meet certain requirements, you could become a lawful permanent resident through an employer or later if you’re a person of extraordinary abilities. For professionals applying under the EB Category, labor certification is often required. Here at our firm, we make this step easier and accessible by guiding both the employer and the applicant through each stage of their application for employment-based residency.
You may qualify for one of the EB visas if you are a(n)
- Immigrant worker seeking U.S. permanent residency through a job offer
- Extraordinary abilities
- Manager or executive
- Skilled or unskilled worker with a permanent job offer in the U.S.
EB-1- Visa is used for people of extraordinary abilities, individuals with exceptional achievements in science, art, education, business, or athletics. As well as outstanding professors and researchers, or classification as multinational manager or executives seeking permanent residence in the United States.
Unlike other employment-based categories, certain EB-1 applicants can self-petition meaning without a job offer.
EB-2- Visa is used for members of professions that hold an advanced degree or its equivalent, or a person of extraordinary ability.
Advanced degree professionals
- Bachelors’ degree plus progressive work experience in your field
- Master degree or higher
- Labor certification requirements
Individuals with Extraordinary Ability
- Demonstration of expertise above the norm in sciences, arts, or business
- Meet three of seven criteria, such as comparable evidence, recognition for achievements, professional memberships, high salary or remuneration, work experience, or academic record.
- Labor certification requirements
National Interest Waivers (NIW)
- Ideal for researchers, entrepreneurs, or professionals in critical fields like health or STEM
- If your work benefits the U.S. nationally you 2may be eligible to bypass the labor certification.
EB-3- Visa category is used for professionals or for skilled workers (meaning employment requires a minimum of two years training or work experience). As well as certain other workers that may be classified as unskilled workers (requires less than 2 years of training or experience). Eligibility is dependent on the application category as well it is required that there be a full-time job offer from a U.S. employer and that a labor certification is completed. At our office, we guide clients through the PERM process. From prevailing wage determination, to helping you understand recruitment and documentation requirements we empower our clients to achieve their immigration goals ( see PERM Labor Certifications ) .
EB-3A- Skilled workers
Workers capable of performing skilled labor and whose job requires a minimum of 2-year training or experience and not in a temporary or seasonal position. Skilled workers must meet the requirements or education, training, or experience required by the job opportunity.
EB-3B- Professionals
Professionals are those who hold at least a U.S. Bachelors degree or foreign equivalent degree and are a part of that profession. Their job requires a minimum of a bachelor’s degree, they must also meet any educational, training, or experience requirements of the job opportunity.
EB-3C- Other Workers
Other workers (also called unskilled workers) are persons capable of doing unskilled labor whose job requires less than 2 years of training, experience or education requirements of the job opportunity.
EB-4 Visa is known as the special immigrant visa and this category does not require a labor certification though wait times vary depending on visa category or country of birth.
Eligible groups include:
- Religious workers
- Special immigrant juveniles
- Certain broadcasters
- Retired G‑4 or NATO‑6 international organization employees (and families)
- U.S. government employees abroad (and families)
- U.S. armed forces members
- Panama Canal Company or Canal Zone employees
- Physicians licensed and practicing before January 9, 1978
- Individuals who provided information on criminal or terrorist organizations (S nonimmigrants)
Family of the EB Visa holder– If form I-140 or I-360 (for EB-4 applicants) petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States as derivatives of immigrant status, respectively.
If you’re unsure what employment-based category you might qualify for don’t worry. From helping you identify your eligibility, sorting suitable options for visa categories to assembling a strong and complete package to submit to USCIS we can assist. Schedule an appointment today to simplify the complexities of immigration law and we’ll guide you every step of the way.
