Are you thinking about relocating to the U.S. for a job USA Employment Visas: Empowering Global Professionals If so, you might find it interesting that the U.S. awards 140,000 employment-based permanent residence permits each fiscal year, sometimes called “Green Cards.” In addition to the primary applicant, dependent children and their spouses are also eligible for these visas. But how do you pick the category for your application? The primary applicant and their family may acquire visas in different years depending on the number of qualified applicants and country-wise cap. Let’s examine the five categories for this visa in more detail, listed in order of preference.
What are immigrant visas based on employment?
A category of visas known as “employment-based immigrant visas,” or “E.B. visas,” enables foreign individuals to live and work permanently in the United States. People with specialized talents, credentials, or employment offers from U.S. corporations compete fiercely for these visas.
The Various Employment-Based Immigrant Visa Categories
There are various types of employment-based immigrant visas, each tailored to a particular situation and set of requirements. Let’s investigate the most popular subcategories:
- It is reserved for those with exceptional talent in the sciences, arts, education, business, or athletics and deserving academics, researchers, and executives or managers from international corporations.
- Professionals with advanced degrees or remarkable industry talent are eligible for the EB-2 visa. Additionally, anyone looking for a National Interest Waiver (NIW) falls under this group.
- Targeted at professionals, skilled employees, and other people with a labor certification, a job offer from a U.S. business, and at least two years of relevant experience.
- The EB-4 visa is intended for particular immigrants, such as clergy members, broadcasters, Iraqi or Afghani translators, and foreign United States government employees.
- The EB-5 visa seeks to entice foreign investors prepared to invest a sizable amount in a U.S. business, creating jobs and economic expansion.
- Establishing Eligibility and Conditions
- VISA EB-1 Qualifications and Conditions
- People must fulfill one of the following requirements to be eligible for an EB-1 visa:
- Through consistent national or worldwide recognition, show exceptional talent in the sciences, arts, education, business, or athletics.
- Show proof that you are an accomplished professor or researcher with international acclaim.
- Present proof that you are an international executive or manager working for an acceptable organization.
- Eligibility and Requirements for EB-2 Visas
- Professionals with advanced degrees and those with extraordinary abilities are the two primary subcategories of the
EB-2 visa category
Requirements consist of Extraordinary talent in the sciences, the arts, or business significantly enhancing the American economy, the interests of culture or education, or the country’s welfare. Evidence that the person’s work serves the national interest and that they have the necessary level of influence is required to submit a National Interest Waiver application.
Eligibility and Requirements for EB-3 Visas
Three subclasses of EB-3 visas are for professionals, other employees, and skilled workers. The fundamental prerequisites comprise
- I am receiving a full-time, permanent job offer from a U.S. firm.
- I had the knowledge and expertise necessary for the job.
- I am acquiring a labor certification from the American Labour Department.
- VISA EB-4 Qualifications and Conditions
- Several special immigrant categories are eligible for the EB-4 visa, each with its requirements. Several instances include:
- Religious personnel looking for a full-time, paid job inside a nonprofit religious institution.
- Broadcasters with a strong track record of accomplishment and professional recognition.
- The U.S. government has significantly benefited from the assistance of Afghan or Iraqi interpreters.
- Those U.S. government employees who satisfy specific requirements and have experience working abroad.
- Eligibility and Requirements for EB-5 Visas
- Individuals must fulfill the following requirements to be eligible for an EB-5 visa.
- Invest at least $1.8 million (or $900,000 in regions focusing on employment) in a new business.
- Within two years of the investor’s entrance to the country, create or maintain at least ten full-time positions for qualified Americans.
The Procedure for Applying
Step 1: Certification of Workers
The initial step in acquiring most employment-based immigrant visas is getting a labor certification from the U.S. Department of Labour (DOL). Employers must demonstrate through this procedure that there are no qualified American workers available for the position and that hiring a foreign worker will help American employees’ pay and working conditions.
Putting in the Petition in Step 2
The employer submits Form I-140, Immigrant Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS) when the labor certification is authorized. The petition demonstrates the foreign employee’s qualification for the selected employment-based immigrant visa category.
Step 3: Obtaining a visa and changing your status
The applicant must wait for a visa to become available in their specific category once USCIS accepts the petition. The priority date, or the day the labor certification application was first submitted, determines the availability of visas. If an applicant is already in the United States, they can proceed with completing Form I-485, Application to Register Permanent Residence or Adjust Status, once a visa is available.
Consular processing, step four
The applicant must go through the consular procedure at a U.S. embassy or consulate if they are outside the country. This entails completing a medical examination, attending an interview, and submitting several paperwork and supporting papers.
EB-1 Visa Class
Individuals with exceptional talent, excellent academics or researchers, and global CEOs and managers belong in this group. Even though the criteria for this category are stringent, you can apply for a Green Card if you satisfy them.
- Conditions for an EB-1 visa
- extraordinary talent in the arts, sciences, business, teaching, or athletics
- Acclaim on a national or worldwide scale in their area of specialization
- To qualify for these categories, the person must provide less proof of their outstanding ability.
EB-2 Visa Class
For those with advanced degrees or extraordinary skills in disciplines like science, medicine, engineering, commerce, or the arts, the EB-2 visa category is available. Even though the requirements for this category are less strict than EB-1, you must provide strong evidence of your skills and talents.
Conditions for an EB-2 visa
Advanced education or remarkable talent in the arts, sciences, engineering, business, or other disciplines If the work will help the US EB-3 Visa Category, a job offer or a national interest waiver would be given. For skilled employees, professionals, and other workers, there is the EB-3 visa category. These classifications demand a job offer and labor certification, which means the employer must demonstrate that no U.S. citizen who meets the requirements can fill the post.
Conditions for an EB-3 visa
- two years of training or experience for a skilled person
- professional with the equivalent of a baccalaureate degree from a U.S. institution or a foreign university
- a person with up to two years of education or experience performing unskilled employment.
EB-4 Visa Class
Religious workers, U.S. overseas service facilities staff, and foreign medical graduates fall under the EB-4 visa category, reserved for extraordinary immigrants. The applicant may be subject to tight yearly quotas and numerical restrictions, and the business or U.S. government must appeal for this category.
Conditions for an EB-4 visa
Special immigrants, such as clergy members or government officials, must provide proof of employment or qualify for a particular immigrant category.
Visa Category EB-5
Investors that make a minimum investment of $1 million ($500,000 if made in a designated employment region) in a new U.S. company that boosts economic activity and generates jobs are eligible for an EB-5 visa.
Conditions for an EB-5 visa
A $1 million minimum investment is required ($500,000 if made in a region with high unemployment). Create or maintain a minimum of 10 full-time employment for U.S. citizens. First Preference for Employment-Based Immigrant Visas: EB-1 People with exceptional ability in science, education, the arts, business, or athletics are eligible for the EB-1 visa. They could work as managers, academics, researchers, or in other capacities. The person must have received national or worldwide recognition to demonstrate their skill. The applicant’s spouse and unmarried children under 21 may also apply with them for an E-14 or E-15 visa, and no labor certification is necessary.
Immigrant Visa for Employment EB-2, second preference
To qualify for this visa, the applicant must possess an advanced arts, sciences, or business degree or demonstrate extraordinary skill in one of these disciplines. If the applicant has a waiver in the national interest, labor certification is optional. E-21 or E-22 visa applications may be submitted with those of the applicant’s spouse and unmarried children under 21.
Third Preference for Employment-Based Immigrant Visas: EB-3
Professionals and skilled workers fall under this visa category. To be eligible, professionals must be registered members of their professions and possess a U.S. baccalaureate degree or its international equivalent. Skilled workers who hold positions requiring at least two years of training must meet the opportunity’s educational and experience requirements. The employment must not be transient or seasonal. The applicant’s spouse and unmarried children under 21 may apply for an E-34, EW-4, EW-35, or EW-5 visa. However, labor certification is necessary.
Fourth Preference for Employment-Based Immigrant Visas: EB-4 EB-4 visas are designated for unique immigrants, such as employees of U.S. overseas posts, members of the clergy, former staff members of international organizations, non-citizen minor wards of U.S. courts, etc. For this visa, a labor certification is not necessary. Only under certain circumstances may the applicant’s spouse and unmarried children under 21 be admitted to the United States.
Immigrant Visa for Employment Fifth Preference: EB-5 Entrepreneurs and foreign investors contributing at least $1.5 million ($8,000,000) to creating a new business are qualified for the EB-5 visa. In addition, the planned enterprise must produce at least ten full-time jobs for U.S. citizens; among other requirements.No; labor certification is necessary. Family members of the primary applicant are also eligible for this kind of visa.
Conclusion
A thorough awareness of each visa category’s requirements is necessary to navigate the complexity of E.B. visas successfully. This tutorial has helped you better understand the EB-1, EB-2, EB-3, EB-4, and EB-5 visa categories. USA Employment Visas: Empowering Global Professionals Remember that the information presented here is only a broad overview, and it is essential to speak with a knowledgeable immigration lawyer to evaluate your situation and choose the best visa for you. Good luck!