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A U.S. Immigrant Work Visa is granted to a foreign individual seeking to permanently work and reside in the United States. There are five Immigrant Employment-Based (EB) visa categories, each established on distinct criteria.
EB-1 Visa (First Preference)
Eligibility: Priority Workers and Persons of Extraordinary Ability
There are three sub-groups within this category:
Requirements: Demonstrable evidence of sustained national or international acclaim and recognition in their fields of expertise.
NOTE: Individuals with extraordinary ability in the first sub-group are not required to have an employer or a specific job offer, as long as they are entering the U.S. to continue working in the fields in which they possess extraordinary ability. These applicants have the option to file their own Immigrant Petitions for Alien Worker.
EB-2 Visa (Second Preference)
Eligibility: For Professionals holding advanced degrees or Persons with exceptional ability in the arts, sciences, or business.
There are two subgroups within this category:
Requirements: Generally, requires a job offer and a labor certification. Exceptions include those who can prove their work is in the national interest of the United States and thus, can apply for an exemption, known as a National Interest Waiver. They may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140 and do not need an employer to sponsor them.
EB-3 Visa (Third Preference)
Eligibility: Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
There are three subgroups within this category:
Requirements: Requires a permanent employment offer and a labor certification. No exemptions here.
EB-4 Visa (Fourth Preference) Certain Special Immigrants
Eligibility: For "special immigrants," which include certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and others.
Requirements: Certain employment-based fourth preference subcategories require the U.S. employers to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Foreign nationals are required to self-petition on their own behalf in other subcategories. Other categories do not require a Form I-360. The good news here is that Labor Certification is not required at all.
Since each group is strictly individual, we will only mention some of the subcategories included here. If you really believe you want to know the details, just hit us up.
EB-5 Visa (Fifth Preference) - Immigrant Investors
We hold great respect for individuals who choose to invest in the United States as they contribute to the U.S. economy by generating employment opportunities and making capital investments. This is why we prioritize U.S. Investor visas and have created a separate section (Investors) where you can find comprehensive information on both immigrant and nonimmigrant investor visas for the United States.
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