Has your company offered you a chance to transfer to the United States? Did you recently secure a job offer from an American employer who wants to bring you abroad? Or maybe you have an amazing business idea you’re ready to launch stateside.
If exciting work opportunities are calling you to America, that dream job or entrepreneurial vision likely hangs on one make-or-break factor: navigating the complex maze of employment-based U.S. visas.
With intricate requirements, quotas, timelines, and costs that differ across categories, understanding your options as a foreign, professional worker can be daunting. But securing the right visa early is crucial to seizing your ambitions without putting your status at risk.
This guide breaks employment paths to lawful U.S. status down step-by-step. Discover which visa categories align with your goals.
Overview of Employment-Based Visas and Green Cards
Employment-based visas allow foreign nationals to live and work permanently in the United States. The U.S. Citizenship and Immigration Services (USCIS) awards approximately 140,000 employment-based green cards every year across five preference categories.
Once approved, EB visa holders receive lawful permanent resident status. They can then live and work in the U.S. indefinitely. Employment-based green card holders may also apply for U.S. citizenship once they meet eligibility requirements.
Each preference category has specific qualifications that applicants must meet to be approved. Some jobs require a labor certification from the Department of Labor confirming no qualified U.S. workers are available for the role. Other categories allow applicants to self-petition if they can demonstrate extraordinary abilities or achievements.
Let’s take a closer look at each of the five employment-based visa types.
EB-1 Visa: First Preference Immigrant Visas
The EB-1 visa is part of the employment-based first preference category. It has three subtypes:
EB-1a Visa: Extraordinary Ability
The EB-1a visa is for foreign nationals demonstrating extraordinary ability in sciences, arts, education, business, or athletics. Applicants must prove “sustained national or international acclaim” through evidence like major awards, publications, high salaries, and commercial success.
Examples include Nobel Prize winners, Olympic medalists, and executives running multinational organizations. There is no requirement for a job offer or labor certification. The EB-1a offers the fastest path to permanent U.S. residency.
EB-1b Visa: Outstanding Professors and Researchers
University professors and researchers may qualify for the EB-1b green card. They must have at least three years of teaching or research experience. EB-1b applicants need a permanent job offer from a U.S. institution of higher education or private employer.
EB-1c Visa: Multinational Managers and Executives
The EB-1c category is for executives and managers being transferred to a U.S. office of their overseas employer. Applicants must have worked for the company abroad for at least one continuous year within three years of applying. A permanent U.S. job offer is required.
Spouses and unmarried children under 21 years old may accompany EB-1 visa holders to the United States.
EB-2 Visa: Second Preference Employment-Based Green Cards
The EB-2 visa covers advanced degree holders and individuals with exceptional abilities. There are two main paths:
EB-2 With Advanced Degrees or Exceptional Ability
This green card is for foreign nationals holding U.S. advanced degrees like master’s or doctorates or the equivalent foreign degree. Applicants can also qualify by proving exceptional abilities in sciences, arts, or business.
An employer must sponsor the EB-2 applicant by filing a labor certification and immigrant petition. Exceptional ability candidates may self-petition if their work benefits the national interest of the U.S.
EB-2 National Interest Waiver
Foreign nationals whose work is deemed in the national interest of the United States may self-petition under the EB-2 National Interest Waiver program. This circumvents the need for employer sponsorship or labor certification. Candidates must show their achievements are significant and that a waiver is beneficial to the nation.
Workers in areas like sciences, technology, education, economics, health, and art are common national interest waiver recipients.
EB-3 Visa: Third Preference Employment-Based Visas
The EB-3 has three sub-classifications for foreign professionals and skilled/unskilled workers:
EB-3 Professionals
This green card renewal requires at least a U.S. bachelor’s degree or foreign equivalent. Common professions include scientists, professors, doctors, lawyers, and accountants. Applicants need a permanent job offer and labor certification.
EB-3 Skilled Workers
Skilled workers perform jobs requiring at least two years of experience or training. This may include trades like carpentry, plumbing, and electrical work. A job offer and labor certification are mandatory.
EB-3 Unskilled Workers
The unskilled workers category is for positions requiring less than two years of training or experience. These are temporary or seasonal jobs like cleaning, maintenance, food service, or landscaping. Employer sponsorship is required.
Only 5,000 EB-3 unskilled worker visas are issued annually, making approval challenging. Meeting with an attorney can help determine eligibility.
EB-4 Visa: Special Immigrant Categories
The EB-4 program has a variety of classifications:
- Religious workers like ministers, priests, and nuns
- Employees of U.S. foreign services including embassies and consulates
- Armed forces members with at least 12 years of active service
- Afghan/Iraqi interpreters who assisted U.S. armed forces
- International employees of U.S. government or international organizations
- Physicians completing medical residencies in underserved or rural areas
- Armed forces family members
Qualified EB-4 applicants receive legal permanent residence. There are 10,000 visas available annually.
EB-5 Visa: Immigrant Investor Program
Foreign nationals willing to invest at least $900,000 (or $1.8 million in some areas) in a U.S. commercial enterprise may apply for an EB-5 investor green card. The investment must benefit the American economy and job market.
EB-5 applicants may self-petition for conditional permanent residence valid for two years. If the investment meets requirements, regular lawful permanent residence is granted after that.
Spouses and unmarried children under 21 years old can accompany EB-5 investors.
Eligibility Considerations for Employment-Based Visas
Beyond each category’s basic qualifications, additional factors determine eligibility:
- Education/work experience – Relevant U.S. or equivalent foreign credentials proving advanced expertise in a professional field.
- Licensure – Holding a U.S. state license for regulated professions like medicine, engineering, and law.
- Employer sponsorship – Most EB visas need a permanent job offer from a U.S. employer willing to sponsor the applicant.
- Labor certification – Confirmation from the Department of Labor that hiring the foreign worker will not negatively impact American wages or jobs.
- Investment capital – EB-5 applicants must prove lawful sourcing of the minimum required investment funds.
Visa availability, quotas, and processing backlogs also affect eligibility. Consulting with an immigration attorney is highly recommended to assess qualifications.
Application Process for EB Visas
With most employment-based green cards, the U.S. employer files a petition on the applicant’s behalf. The process typically involves:
- PERM labor certification – The employer confirms with the Department of Labor that hiring foreign workers will not adversely affect the wages or jobs of U.S. citizens. Advertising the job and conducting recruitment efforts may be required.
- Immigrant petition (I-140) – The employer submits a petition to USCIS requesting that the foreign national receive an employment-based green card. Evidence like diplomas, licenses, awards, and experience letters prove the applicant’s eligibility.
- Immigrant visa application – If approved, applicants who live outside the U.S. continue the process at their consular office abroad. Those already in the U.S. file for adjustment of status.
- Interview – The applicant attends an interview to verify credentials, job offer terms, and other eligibility factors. Medical exams are also required.
- Visa issuance – Once approved, the applicant receives their EB immigrant visa, allowing entry or adjustment of status to permanent U.S. residence.
Self-petitioning is an option for some EB-1 and EB-2 applicants. The process is similar but without the employer’s involvement.
Hiring an immigration attorney simplifies navigating the employment-based visa process. Legal experts handle required paperwork and communications with immigration agencies.
Employment-Based Visa Costs
Filing fees, legal services, and other expenses contribute to the overall cost of getting an EB green card. Typical costs include:
- Attorney fees – Immigration lawyers may charge $2,000 to $5,000+ to handle an EB visa application. Fees depend on the complexity of the case.
- USCIS filing fees – The I-140 petition and I-485 green card application have fees of $700 and $1,225, respectively. Biometrics and medical exam fees also apply.
- PERM labor certification – Employers pay approximately $2,500 in legal and Department of Labor fees for PERM processing.
- Translations – Documents not in English require certified translation services.
- Travel and moving costs – Applicants abroad will need to pay for U.S. interviews and relocation.
USCIS does not require attorney representation. However, hiring a legal expert maximizes approval odds and minimizes headaches. Many employers cover legal costs for sponsored employees.
Employment-Based Visas Offer Paths to U.S. Residency
Employment-based U.S. immigration is complex. And if your goal is to relocate for work, you may also be hoping to eventually bring family with you.
The reality is, trying to tackle an employment green card/visa petition while also meeting requirements to legally immigrate dependents can get complicated and stressful. It often involves managing separate timelines, forms, interviews, and statuses that all impact each other.
That’s why partnering with an experienced immigration law firm like the Law Office of Lina Baroudi can be so valuable. They understand the nuances of weaving together employment petitions with family applications for a cohesive case.
Whether you’re applying initially on your own or already working in the U.S. and now want to bring a spouse, child, or parent – they know how to successfully handle it. Their attorneys help strategize the most efficient routes, meet qualifications, and overcome potential hurdles.
Schedule a consultation with The Law Office of Lina Baroudi and see what a difference having personalized guidance can make.
