The requirements and benefits of Employment Based Visas are outlined under the Immigration and Nationality Act. Employment or “worker” visas are provided annually. The Employment Based visa family is organized into five distinct preference categories. The different preference categories is designed for different types of foreign-born workers. Each preference category is assigned a different type of visa and has unique criteria that must be met by applicants. The five employment based preference categories are:
- EB-1 Status: First Employment-based Preference for “priority workers”.
- EB-2 Status: Second Employment-Based preference for “professionals holding an advanced degree” and “persons with exceptional abilities”.
- EB-3 Status: Third Employment-Based Preference which includes “Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers.”
- EB-4 Status: Fourth Employment-Based Preference for “special immigrants”.
- EB-5 Status: Fifth Employment-Based Preference for “Immigrant Investor Program.” Reserved for individuals who can bolster the U.S. economy through job creation and investment.
Contents
EB-1 Visa and Status
The First Employment-based Preference is reserved for “priority workers”. EB-1 visas and statuses are organized into three sub-categories: EB-1A, EB-1B and EB-1C.
EB-1A Visa and Status
The EB-1A visa is reserved for individuals who possess “extraordinary ability”, particularly in the areas sciences, arts, education, business and athletics. Applicants must establish that they are recognized at the national or international level for their exceptional abilities. To learn more about the full requirements and benefits of an EB-1A visa, please visit:
EB-1B Visa and Status
The EB-1B visa is awarded to “Outstanding Professors and Researchers”. EB-1B applicants must demonstrate their past experience and secured future employment in their field of expertise. For full information on the requirements for EB-1B, review:
EB-1C Visa and Status
The EB-1C visa can be utilized by executives and/or managers who wish to transfer to the U.S. This visa is a useful tool for international organizations who seek to relocate certain executives for the good of the company. As with the other EB-1 statuses, the EB-1C visa process has specific guidelines that must be followed. To review the full requirements for EB-1C status, read:
EB-2 Visa and Status
The second employment-based preference category includes two subgroups. The first is for professionals who currently hold an advanced degree beyond the baccalaureate level. The second subgroup is for professionals possessing a B.A. degree in addition to five years of relevant and progressive experience. To learn more about the application process and requirements for and EB-2 visa, visit:
EB-3 Visa and Status
The third employment based visas preference category is available to various types of foreign-born workers. The official definition states EB-3 status can be utilized by “skilled workers, professionals holding Baccalaureate degrees and other workers”. For full information on eligibility for EB-3 status, review:
EB-4 Visa and Status
The fourth employment-based preference category is for “special immigrants” and can be taken advantage of by several different types of individuals including religious workers, certain international employees, certain retired professionals and others. For more comprehensive information on who is eligible for EB-4 status and the application process, visit:
EB-5 Visa and Status
The fifth employment based visas preference category is only available to individuals who are able to invest significant capital into a U.S. based enterprise which will create employment. The EB-5 visa, commonly known as the “investor visa” has specific guidelines that must be satisfied. To learn about the EB-5 application process and the benefits of EB-5 status, please read:
We Are Ready to Assist You
Whether you are a professional looking to pursue an employment-based visa or, an employer interested in utilizing the talents of a foreign-born worker, KPPB Law is ready to help you reach your goals. Our firm’s immigration attorneys are highly experienced in managing employment-based immigration in a way that minimizes potential risk and secures the best result possible. Call our firm or contact us online to schedule a in-person or phone consultation.