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Expert Immigration assistance

Employment Based Immigration to USA

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: 

  • Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
  • Outstanding professors and researchers; 
  • Certain multinational managers and executives.


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:

  • Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
  • Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the      sciences, arts, or business.


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: 

  • Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal. 
  • Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  • Other workers are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.


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. 

  • Religious workers;
  • Special Immigrant Juveniles;
  • Certain broadcasters;
  • Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees;
  • Certain employees of the U.S. government who are abroad;
  • Members of the U.S. armed forces;
  • Panama Canal company or Canal Zone government employees;
  • Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978; and,
  • Noncitizens who have supplied information concerning a criminal organization or enterprise or a terrorist organization, enterprise, or operation.

 
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.

Go to Investors
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Contact us here!

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