What is EB (Employment Based) U.S. Visa
Employment-Based visas (EB) are permanent visas that allow foreign nationals to immigrate to the United States for reasons relating to employment. There are five visa categories, each with its own unique eligibility requirements and application processes. On this page, you will find information on the different EB visa categories.
Employment-Based First Preference (EB-1): Priority Workers and Persons of Extraordinary Ability
There are three subcategories of EB-1 visas, each designed for a specific applicant:
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Individuals with extraordinary abilities in science, arts, business, education, or athletics. These applicants do not need a job offer. If they can sufficiently demonstrate extraordinary ability, they may apply for the visa themselves.
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Outstanding professors and researchers who are internationally renowned, and seeking tenure or pursuing a research position at an American academic institution
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Multinational managers or executives who are moving from their foreign office to a branch, parent, or subsidiary company located in the United States.
Employment-Based Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
The EB-2 visa is for individuals with advanced degrees or exceptional abilities in the sciences, arts, or in business. A job offer is required for this visa category, and the employer must file the I-140 petition on the applicant's behalf. Additionally, the employer must complete a labor certification process to show that there are no qualified U.S. workers available to fill the position in question.
Employment-Based Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
This visa category requires a job offer, and the employer must file the I-140 petition on the applicant's behalf. The labor certification process is also required for this visa category. Numbers for these visas are llimited.
Employment-Based Fourth Preference (EB-4): Certain Special Immigrants.
The EB-4 visa is reserved for certain special immigrants, including religious workers, broadcasters, and employees of U.S. foreign service posts. The application process varies widely depending on the category of special immigrant.
Employment-Based Fifth Preference (EB-5): Immigrant Investors
The EB-5 visa is for foreign investors who invest in a new commercial enterprise that creates jobs in the United States.
As per new legislation (EB-5 Reform and Integrity Act of 2022), the investment must be at least $1,050,000, or $800,000 if in a targeted employment area. The applicant must provide evidence that the investment will create at least 10 full-time jobs for U.S. workers.
Conclusion
EB visas can provide ways for all sorts of people to immigrate to the United States for employment reasons. However, the application processes are exceedingly complex, requiring extensive documentation, and much bureaucracy. If you are considering immigrating to America based on employment, it is essential to seek the assistance of a highly experienced, U.S. licenced, immigration attorney.
At Amit and Co., we have extensive practice in all five EB visa types, and are committed to helping you find the quickest and easiest way to realise your immigration dreams.
