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What Are the Different Categories Included in Employment-Based Visas?

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Under U.S. immigration law, there are several employment-based visas that individuals may be able to obtain depending on their professional skills and educational backgrounds. Employment-based visas are listed in order of preference, with EB-1 being the most desirable.

However, it is critical to keep in mind there is a limit on how many employment-based visas may be issued in a fiscal year.

The categories of employment-based visas include:

  •  EB-1 Visa: This visa is granted to applicants with exceptional ability in science, education, arts, business, or athletics.
  •  EB-2 Visa: This visa is granted to applicants with advanced degrees or exceptional abilities in their specialized fields.
  •  EB-3 Visa: This visa is for skilled, professional, or other workers with a bachelor’s degree or equivalent or two years of training or experience. In some cases, individuals who lack training or experience may be granted an EB-3 visa for seasonal or temporary jobs.
  •  EB-4 Visa: This visa is designed for “special immigrants” and is used for many candidates that do not fit into other employment-based categories. In many instances, religious workers are granted an EB-4 visa.
  •  EB-5 Visa: This visa is specifically designed for foreign investors who plan to invest a large amount of money in a U.S. company.

What is the Permanent Labor Certification Process?

Before a U.S. company can offer employment to foreign workers, they must first obtain certification from the U.S. Department of Labor (DOL), attesting to the fact that no U.S. workers qualify for positions being offered.

The employer must then complete a series of steps, such as advertising the jobs in question and holding a recruitment period to try and hire U.S. workers for the positions. The company must also monitor any layoffs to ensure there are no eligible job candidates for the positions in question. Once the recruitment period has ended and all other requirements have been met, the Labor Certification Application is certified. It typically takes between 60 to 120 days for this portion of the process to be completed, after which the U.S. employer can then file a Petition for Alien Worker with the USCIS.

What Are the Three Subcategories of an Eb-1 Visa?

The EB-1 visa is divided into three subcategories based on the applicant’s skills and abilities and includes:

  •  EB-1a visa: This visa is granted to applicants with extensive extraordinary ability or internationally recognized.
  •  EB-1b visa: This visa is for applicants who qualify as outstanding professors or professional researchers.
  •  EB-1c visa: This visa is for applicants who are managers or executives of multinational companies.

If you would like to learn more about the qualifications necessary to obtain any EB-1 visa, contact our law firm, and ask to schedule a meeting with one of our experienced immigration attorneys.

Which Employment-Based Visa is the Easiest to Obtain?

It should be noted that the time it takes to obtain any employment-based visa depends on several factors and can vary greatly. However, the EB-5 investor visa typically takes the least amount of time. One reason is that, unlike other employment visas, the EB-5 does not require a PERM application or Labor Certification.

However, to secure an EB-5 visa, a foreign national must be able to financially invest at least 800,000 into a business in a targeted employment area they must run once they are granted residency status. Additionally, an applicant may also qualify if they invest a minimum of 1 million dollars in a pre-existing U.S.-based business.

Can Your Law Firm Help Me Obtain an Employment-Based Visa?

No law states explicitly that foreign workers must hire an attorney to help them obtain an employment-based visa. However, all applicants are required to fill out an online application and pay a visa application fee.

The visa application can be overly complex and often challenging to complete independently. However, an experienced immigration attorney can assist you with completing the form to ensure all information is correct and filled out correctly.

Therefore, it is in your best interests to hire a knowledgeable immigration lawyer to review your employment needs and determine which type of visa is best for your situation.

Contact our law offices at 773-825-8695 to schedule a consultation with an experienced legal team member. SwagatUSA LLC is passionately committed to helping foreign workers obtain employment visas and would be honored to assist you.

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