Employment based Immigration

Employment based Immigration

There are four different categories of employment based USA visas that are synonymous with USA permanent residence (acquisition of a green card). Such categories of visas are referred to as the EB preference system.

There is a numerical limit on the EB preference based visas each year.

It should be noted that these visas allow their beneficiaries to live and work in the USA on a permanent basis.

 

1. EB-1 Visa.

Each year 40,000 EB-1 visas are issued.

There are 3 types of EB-1 visas:

1. EB-1A visa-Extraordinary Ability Visa.
2. EB-1B visa- Outstanding Academics Visa.
3. EB-1C visa -Multinational Executives or Sponsored.

1. EB-1 visa- Extraordinary Ability Visa.

This visa is suitable for persons of extraordinary ability in the sciences, arts, education, business or athletics. One does not need a job offer or a sponsor to qualify for this category. However the applicant must prove that he/she has a one-time achievement, namely a major internationally recognized award or at least three of the following: receipt of a lesser nationality or internationally recognized prizes; membership in associations which require outstanding achievements; published material about the applicant in professional publications; original scientific, scholarly, artistic, athletic or business-related contributions; authorship of scholarly articles; performed a leading role for organizations and establishments; commanded a high salary; and is/was a commercial success in the performing arts.

 

1. EB-1B visa- Outstanding Academics Visa.

This visa is for academics with international recognition with a strong record of achievement. To qualify, the visa applicant needs 3 years of training or research experience and a permanent job offer from a US university or research institution.

 

1. EB-1C visa – Multinational executives and managers.

This visa is for executives and managers at multinational companies who are transferred to a US office. To qualify for this visa, the visa applicant must have worked in a managerial or executive role of a related company outside the USA for at least 1 of the past 3 years and the that the visa applicant is to fulfill in the US needs to be of a similar scope. A job offer from the US employer is required.

 

1. . EB-2 Visa.

Each year 40,000 EB-2 visas are issued.

There are 2 types of EB-2 visas:

1. EB-2 PERM.

 

1. EB-2 National Interest Waiver/Exceptional Ability Visa. 

 

1. EB-2 PERM visa.

This visa suitable for applicants with advanced degrees and requires a job offer from a US employer who must complete the PERM Labor Certification Process by demonstrating that there is no qualified US worker available for the position.

 

 

1. b) EB-2 visa-National Interest Waiver/Exceptional Ability Visa.

This visa is suitable for applicants with advanced degrees and with exceptional ability whose employment in the USA would be in the national interest of the country. If the applicant can satisfy three of the following criteria he/she may qualify: possesses an official degree, diploma, certificate or academic record from a recognized institution relating to the area of exceptional ability; provide evidence from current or former employers showing ten years of experience in this field; possess a license or certificate authorizing practice in his/her profession; can prove that his/her salary proves exceptional ability, membership in a professional association; proof of recognition of achievements and contributions to the field or industry by peers, government entities or professional organizations; and further evidence that is specific to the field of expertise.

This visa doesn’t require a job offer.

 

• EB-3 visa-Skilled Workers, Professional Workers and other Work visa. 

Each year 40,000 EB-3 visas are issued with a minimum of 10,000 visas issued in the unskilled workers category).

There are 3 types of EB-3 visas:

1. EB-3 Skilled worker visa.

 

1. EB-3 Professional Worker visa.

 

1. EB-3 Other workers ( unskilled worker) visa. 

 

1. EB-3 skilled worker visa.

This visa requires 2 years of job experience, training or educational. Post-secondary education may be considered relevant for this visa.

The position being offered must not be temporary or seasonal.

 

 

1. EB-3 Professional Worker visa.

This visa requires the visa applicant to have a degree sufficient to meet the requirement of his/her occupation and membership of his/her professional organization. The position being offered in the US must also require a bachelor degree. The visa applicant can’t substitute work experience for the degree required in this visa category.

 

 

1. EB-3 Other workers ( unskilled worker) visa. 

This visa applies to a visa applicant who is classified as an “other worker ”. He/She must possess training and/or experience in a skill that is in short supply in the USA. This visa is for farm workers and nannies.

For an EB-3 visa to be processed, a labor certificate must be obtained from the Department of Labor and this requires sponsorship by the US employer of the applicant.

 

1. EB-4 visa -Special Immigrants visa 

 

This visa is for special immigrants. The EB-4 category is a “hodgepodge” of specialized, often niche, roles rather than a single profession

10,000 visa per year are issued in this category.

This visa has currently been defined by the following 10 categories:

 

1. Religious workers – Ministers or non-ministers in religious vocations.
2. Special Immigrant Juveniles (SIJ)- Children declared dependent on a juvenile court.
3. G-4 International Organization or NATO-6 employees – and their family members.
4. Employees of the U.S. Government abroad- including former employees.
5. Armed Forces members –Personnel with honorable service.
6. Panama Canal Zone employees-Certain former employees.
7. Foreign broadcasters – Working for the U.S. Agency for Global Media (USAGM).
8. Certain physicians- who work in underserved areas.
9. Afghan and Iraqi Translators – who worked with the U.S. Armed Forces.
10. Afghan and Iraqi nationals- who provided faith-based services in support of U.S. operations.

 

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You may be eligible for a number of different visa categories. Each visa category has different requirements and obligations so that it is best to seek professional advice in order to select the visa most beneficial and suitable to your circumstances.