Different U.S. Employment-Based Visa Categories and Their Eligibility Requirements
If you’re interested in working in the United States, one of these employment-based visas could be an excellent option for you.
Here, an experienced immigration attorney breaks down the eligibility requirements for each employment-based visa preference category.
First Preference EB-1
First Preference EB-1 Visas are reserved for noncitizens who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through national or international acclaim.
To demonstrate extraordinary abilities, you must either have won a major internationally-recognized award or show evidence of at least 3 of the following:
- Receive a lesser nationally or internationally recognized award
- Membership in a prestigious professional association
- Published material about you in trade publications or major media outlets
- Original, significant contributions in your field
- You’ve judged others’ work individually or on a panel
- Authorship of scholarly articles in major publications
- Held a lead or important role in a prestigious organization
- Displays of work at exhibitions or showcases
- Evidence of a high salary
- Commercial success in the arts
You can also be eligible for an EB-1 Visa if you are an outstanding professor, researcher, or a multinational manager or executive. To be an outstanding professor or researcher, you must show 2 of the following:
- Receipt of major achievement awards
- Membership in a prestigious professional association
- Published material about your professional work written by others
- Participate as a judge of others’ work in your field
- Original research contributions in your field
- Authorship of scholarly books or articles
Second Preference EB-2
Second Preference EB-2 Visas are reserved for those with advanced degrees or those with exceptional ability in the sciences, arts, or business. To qualify with an advanced degree, you must hold a Ph.D., a Juris Doctor, or a Master’s degree, or a bachelor’s degree and five years of postgraduate experience.
To demonstrate exceptional ability, you must meet at least three of the following criteria:
- Official records that show you’ve received a degree, diploma, certificate, or award from a learning institution in your area of expertise.
- Letters from employers that demonstrate at least ten years of experience in your field.
- A license to practice your profession or certification
- Salary evidence reflects your exceptional ability
- Membership in a professional organization
- Recognition for your industry achievements by peers, government agencies, or professional organizations
For this visa, you are required to have a labor certification unless you can get a national interest waiver
Third Preference EB-3
You are eligible for an EB-3 Visa if you are a skilled worker, professional, or other worker. For this visa, you are required to have a labor certification and a permanent, full-time job offer. You must also be performing work for which qualified U.S. workers aren’t available.
“Skilled workers” must possess at least two years of relevant job experience, training, or education for the job. “Professionals” are people whose job requires at least a U.S. baccalaureate or foreign equivalent and work in that profession. “Other workers” are those who perform unskilled labor that requires less than two years of training.
Fourth Preference EB-4
This preference category is reserved for “special immigrants.” This classification includes the following:
- Specific religious workers
- Special immigrant juveniles
- Certain broadcasters
- U.S. foreign service post employees
- Retired international organization employees
- Members of the U.S. armed forces
Fifth Preference EB-5
The EB-5 Immigrant Investor Program is reserved for business investors who make necessary investments in a U.S. commercial enterprise. They must also have plans to create or preserve ten permanent full-time U.S. employees. If they meet these requirements, these investors, their spouses, and unmarried children under 21 can apply for lawful permanent residence.
Talk to the Immigration Lawyers at JAD Law
An experienced immigration lawyer can help you navigate the employment-based visa application process. JAD Law is here to help. Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
