EB Visas
The 5 Types of Employment-Based EB Visas
EB-1 Visa: Exceptional Ability
The EB-1 visa is an employment-based visa for foreign nationals who demonstrate extraordinary ability in a qualifying field or industry - science, arts, education, business, and athletics. EB-1 applicants will need to prove their extraordinary abilities by submitting a list of achievements or through sustained national / international acclaim.
The EB-1 visa has three categories - A, B, and C
- EB-1a Visa: applicants demonstrating extraordinary ability in sciences, arts, business, education, or athletics.
- EB-1b Visa: professors, educators, or researchers.
- EB-1c Visa: managers or executives employed by multinational companies
EB-1 Visa Requirements and Application Process Overview
The EB-1 is one of the most desirable visa / green cards becuase applicants do not need a PERM Application or Labor Certification from the United States Department of Labor.
Who is Qualified to Apply for This Visa?
- Persons with Extraordinary Ability - Applicants must show that they excel in the sciences, arts, business, education, or athletics. These applicants need to provide extensive documentation showing national / international acclaim and recognition in their particular field, however, they do not need to show proof of a job offer provided they will be working in their same field of expertise.
- Outstanding Professors, Educators, and Researchers - Applicants should be internationally recognized in their field and have at least three years of experience working in education or research. These applicants must prove they are coming to the United States to pursue their tenure, work as a teacher, or some comparable research position at a college, university, or institute of higher learning. These applicants must also prove they have received a job offer from a qualified employer and file an Immigrant Petition for Alien Worker.
- Multinational Managers and Executives - Applicants are employed at an international parent, affiliate, subsidiary, or branch of a U.S. company. They must prove they have remained employed for at least one year of the preceding three, and the applicant’s job titles should fall under “managerial” or “executive”. Applicants must also prove they have received a legitimate job offer and file an Immigrant Petition for Alien Worker.
EB-2 Visa: Advanced Degree or Exceptional Ability
The EB-2 visa is an employment-based visa reserved for foreign nationals with exceptional ability in a specialized area, or graduates with an advanced degree.
There is also an option known as the EB-2 National Interest Waiver (NIW).
An EB-2 NIW can speed up the application process for individuals who can prove that their specialization will benefit the United States’ national interest. It does not require a PERM Application or a Labor Certification from the United States Department of Labor.
Who is Qualified to Apply for an EB-2 NIW Visa?
EB-2 applicants typically need to attain a labor certification and have it approved by the U.S. Department of Labor. These applicants must also prove that they have received a job offer and file an Immigrant Petition for Alien Worker. Some applicants may be able to attain an exemption (also known as a National Interest Waiver) if they can prove that their specialization will benefit the United States’ national interest.
There are two primary types of applicants for this visa.
- Professionals with Advanced Degrees. These applicants have attained a degree beyond the baccalaureate level or possess a baccalaureate degree and at least five years of experience in their field of expertise.
- Persons with Exceptional Abilities. These applicants excel in the sciences, arts, or business. They can prove they have exceptional abilities by demonstrating a degree of expertise that is in some way above those demonstrated by their colleagues.
EB-3 Visa: Skilled, Professional, or Other Workers
The EB-3 visa has three primary types:
- Skilled Workers - Applicants with at least two years of training, experience, or job education, and may include secondary education.
- Professionals - Applicants holding a baccalaureate degree or their home country’s equivalent.
- Other/Unskilled Workers - Applicants with less than two years of training or work experience, which may exclude professions that are temporary or seasonal.
EB-4 Visa/Green Card: Special Immigrants
The EB-2 visa is an employment-based visa reserved for “special immigrants.” This category is designed to encompass any worker seeking to move to the U.S. who does not fall into any of the other categories listed here.
The EB-4 visa is often provided to religious workers and missionaries, but it also applies to members of the armed forces, physicians, and other special situations.
EB-5 Visa/Green Card: Investors
The EB-5 visa is an invetment-based visa reserved for foreign investors that are willing to make a significant investmnent into a U.S.-based company.
EB-5 investments may include medical facilities, agriculture, manufacturing, and real estate developments such as hotels, restaurants, and casinos.
EB-5 Investor Visa applicants often see much faster turnarounds than those applying for other employment-based visas as it does not require a PERM Application or Labor Certification. The EB-5 is often seen as an attractive way for foreign nationals with extensive funds to secure residency in the U.S. quickly.