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EB-1, EB-2, EB-3, EB-4, EB-5

What You Need to Know About the U.S. Employment Visas

Having a Green Card – or a permanent residence card – permits you to live and work permanently in the United States without any time limitations. One way to secure your Green Card is through employment-based visas.

Every fiscal year (October 1st through September 30th), the U.S. Citizenship and Immigration Services (“USCIS”) issues approximately 140,000 employment-based visas to qualified applicants. These visas are divided into five preferences or categories:

  • EB-1: Persons of Extraordinary Ability, Outstanding Professors and/or Researchers, Multinational Executives and Managers.
  • EB-2: Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability.
  • EB-3:  Professionals, Skilled and Other Workers.
  • EB-4:  Special Immigrants, Religious Workers.
  • EB-5:  Investors.

Keep reading to learn more about each employment-based visa preference.

1. EB-1: Persons of Extraordinary Ability, Outstanding Professors and/or Researchers, Multinational Executives and Managers.

The EB-1 visa falls into the “first preference” category, meaning these fall into the highest preference for U.S. employment visas.  Individuals qualifying for an EB-1 visa can petition for permanent residency without going through a very time-consuming labor certification process.

Individuals who may qualify for an EB-1 visa fall into three sub-categories:

  • Persons with extraordinary ability in education, business, the arts, the sciences, or athletics. If you fall into this sub-category, you must provide documentation showing you have sustained national or international recognition or acclaim in your field. In addition, you’ll need to show proof that you’ll continue to work in your area of expertise.  Finally, you must:
    • Meet certain criteria as required by the USCIS, such as evidence of your authorship of scholarly articles, evidence of commercial success in the performing arts, or evidence of your membership in certain associations, or
    • Provide evidence of a one-time achievement (such as an Oscar, an Olympic medal, or a Pulitzer)
  • Outstanding professors and researchers with at least three years of experience in researching or teaching in that academic area. Additionally, to qualify for this sub-category, you must demonstrate international recognition of your achievements in your field. Further, you and your U.S. employer will need to:
    • Meet certain criteria as required by the USCIS, such as evidence of original scientific research, evidence of scholarly books, or evidence of your membership in certain associations, and
    • Your U.S. must provide an offer of employment and that it currently employs at least three full-time researchers.
  • Certain multinational managers or executives who have been employed outside of the U.S. for at least one year in the three years before filing your visa petition or your most recent lawful nonimmigrant admissions (if you are already working for the petitioning U.S. employer). Additionally, the petitioning employer must show that they intend to employ you in a managerial or executive capacity while having done business in the U.S. for at least one year with a qualifying relationship to the entity that employed you abroad in a managerial or executive role.

What is the EB-1 visa application process?

How you file an EB-1 visa application depends on your sub-category.

  • Extraordinary Ability:  You may individually apply for an EB- visa by filing a Form I-140, Petition for Alien Worker.
  • Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140 on your behalf. As part of this application process, your employer must demonstrate the continuing ability to pay you the offered wage as of the visa priority date. To do this, your employer may submit federal income tax returns or audited financial statements to demonstrate this financial ability to continue to pay you.
  • Multinational Manager or Executive: Your U.S. employer must file a Form I-140 on your behalf. Like the above, your employer must demonstrate the continuing ability to pay you the offered wage as of the visa priority date. To do this, your employer may submit federal income tax returns or audited financial statements to demonstrate this financial ability to continue to pay you.

Can my family join me as an EB-1 visa holder?

If your Form I-140 visa petition is approved, then your spouse and unmarried children under the age of 21 may apply for admission to the U.S. as an E-14 (spouse) or E-15 (children) status.

2. B-2: Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability.

The EB-2 visa falls into the “second preference” category, meaning these fall into the second highest preference for U.S. employment visas.  Individuals who may qualify for an EB-2 visa fall into two sub-categories:

  • Persons with an advanced degree who possess a baccalaureate or equivalent plus five years of post-baccalaureate work or progressive experience in your field.
  • Persons with exceptional ability in business, the arts, or the sciences. The USCIS defines “exceptional ability” as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” Additionally, you must submit certain documentation proving your exceptional ability, such as membership in certain professional organizations and a license/certification allowing you to practice in your field.

What is the EB-2 visa application process?

For the EB-2 visa, your U.S. employer must submit an ETA Form 9089, Application for Permanent Employment Certification. This permits your U.S. employer to obtain a certified labor certification.

A certified labor certification identifies that “there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.” This labor certification must be acquired before filing your Form I-140, Petition for Alien Worker.

Additionally, like the EB-1 visa, your employer must demonstrate the continuing ability to pay you the offered wage as of the visa priority date. To do this, your employer may submit federal income tax returns or audited financial statements to demonstrate this financial ability to continue to pay you.

Can my family join me as an EB-2 visa holder?

If your Form I-140 visa petition is approved, then your spouse and unmarried children under the age of 21 may apply for admission to the U.S. as an E-21 (spouse) or E-22 (children) status.

3. EB-3:  Professionals, Skilled and Other Workers.

The EB-3 visa falls into the “third preference” category, meaning these fall into the third highest preference for U.S. employment visas.  Individuals who may qualify for an EB-3 visa fall into three sub-categories:

  • Skilled workers with at least two years of job experience, training, or education that meets the labor certification’s job requirements. Here, relevant secondary education may satisfy the training requirement. Additionally, you must perform a type of work in the U.S. for which qualified workers are unavailable. Finally, you must have a labor certification as well as a permanent, full-time job offer.
  • Professionals that possess a baccalaureate or equivalent that is the normal requirement for entry into the field or occupation. Like above, you must perform a type of work in the U.S. for which qualified workers are unavailable. However, unlike above, experience may not be substituted for the educational requirement. Finally, you must have a labor certification as well as a permanent, full-time job offer.
  • Unskilled Workers with the ability to perform unskilled labor, which requires less than two years of experience or training.  The unskilled labor cannot be temporary or seasonal in nature. Like above, you must perform a type of work in the U.S. for which qualified workers are unavailable. Finally, you must have a labor certification as well as a permanent, full-time job offer.

What is the EB-3 visa application process?

For the EB-3 visa, your U.S. employer must submit an ETA Form 9089, Application for Permanent Employment Certification, permitting your employer to obtain a certified labor certification.This labor certification must be acquired before filing your Form I-140, Petition for Alien Worker.

Additionally, your employer must demonstrate the continuing ability to pay you the offered wage as of the visa priority date. To do this, your employer may submit federal income tax returns or audited financial statements to demonstrate this financial ability to continue to pay you.

Can my family join me as an EB-3 visa holder?

If your Form I-140 visa petition is approved, then your spouse and unmarried children under the age of 21 may apply for admission to the U.S. as an E-34 (spouse of a skilled worker or professional), an EW4 (spouse of an “other worker”), E-35 (children of a skilled worker or professional), or EW5 (children  of an “other worker”) status.

4. EB-4:  Special Immigrants, Religious Workers.

The EB-4 visa falls into the “fourth preference” category, meaning these fall into the fourth highest preference for U.S. employment visas.  Individuals who may qualify for an EB-4 visa fall into three sub-categories:

The following special immigrants may be eligible for the EB-4 visa:

What is the EB-4 visa application process?

Many of the above EB-4 categories require your employer to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Other categories require you to self-petition.

Specific evidence and documentation must be submitted based on your specific category. Examples of documentation may include employment verification, passport-style photos, birth certificates, marriage licenses, and affidavits of support.

Having an experienced immigration attorney can help you navigate the application process for the EB-4 visa.

Can my family join me as an EB-4 visa holder?

Some fourth preference classifications allow you to include your spouse and unmarried children under the age of 21 on your EB-4 visa application. Depending on your classification, your spouse and children may enjoy derivative benefits or otherwise join you in the United States.

5. EB-5:  Investors.

The EB-5 visa falls into the “fifth preference” category, meaning these fall into the fifth (and final) highest preference for U.S. employment visas. These immigrant investors are also called “immigrant entrepreneurs.”

This type of visa is available to “immigrant investors seeking to enter the United States to engage in new commercial enterprises that benefit the U.S. economy through job creation and capital investment.”

To qualify for this visa on or after November 21, 2019, the foreign national must invest the following “minimum qualifying capital dollar amounts in a qualifying commercial enterprise:

  • $1,000,000 (USD), or
  • $500,000 (USD) in a rural or high-unemployment area.

These investments must be made without the foreign national borrowing money. Additionally, a qualifying investment must “within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.” The U.S. Congress has set aside up to 10,000 visas annually for these investors.

What is the EB-5 visa application process?

For an EB-5 visa, you must file Form I-526, Immigrant Petition by Alien Entrepreneur, with the USCIS. Unlike other employment visas, an EB-5 visa does not require a labor certification.

Can my family join me as an EB-5 visa holder?

Based on your petition, your spouse and unmarried children under the age of 21 may apply for immigrant visas. To understand how and when your family may apply for immigrant visas in this situation, consult with an experienced immigration attorney to help guide you through the process.

How Can an Immigration Attorney Help With Your Employment Visa Petitions?

Securing an employment visa petition can be time-consuming as they are very fact-specific, demanding different applications and supporting documentation. Having an experienced immigration attorney on your side can guide you through these immigration processes, providing you and your family with a positive outcome.

Working with an experienced immigration law firm like Gendelberg Law, PLLC can streamline this process while prioritizing the needs of families in the U.S. and abroad. We go above and beyond for our clients. At Gendelberg Law, we are passionate about assisting individuals and families with their immigration needs.  Let us help you today.

Let us help you with your immigration case

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