Tag Archives: EB2

This guide will focus on the key points about employment-based visas (EB Visas) in the United States, the EB1, EB2, EB3, EB4, and EB5 visa.

If you have a temporary job in the U.S and your employer is willing to petition you for permanent residence, you may be eligible to get a U.S Green Card.

Employment-based petitions/visas are broken down into five categories: EB-1, EB-2, EB-3, EB-4, and EB-5. Each category is made up of sub-categories that describe the kinds of occupations that qualify for the specific visa.

You may be interested in going to the U.S to work, but into a more permanent role. In this case, you wouldn’t apply for the typical temporary visa like the H1B. You’d apply for an employment based visa, which is a straight path to a U.S green card.

Approximately 140,000 immigrant visas are available each year to newcomers who seek to immigrate based on their job skills. If you have the right combination of skills, education, and work experience, plus you are eligible, you may be able to live permanently in the United States.

In these cases, an EB visa, which is also known as an employment based visa, may be the perfect route for you.

Types of Employment-Based Visas & How to Apply EB Visas

• EB-1 Visa

Starting with the EB-1 visa, which was designed for those who have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager with the correct employment recognition. You could apply for the EB-1 visa through a Form I-140.

• EB-2 Visa

EB-2 visa is designed for those who hold an advanced degree or exceptional ability. This is another visa that you can apply for through a Form I-140.

• EB-3 Visa

Those eligible for the EB-3 visa are classified as a skilled worker, professional, or other worker depending upon your education skills and work experience, which is also applied through the Form I-140.

• EB-4 Visa

EB-4 visa is geared towards individuals who are considered special immigrants, which usually include religious workers, some physicians, and others that hold specialized occupations.

Unlike the other EB visas already discussed, to apply for an EB-4 visa, you must submit a Form I-360.

• EB-5 Visa

EB-5 visa was created by Congress to stimulate the U.S economy through job creation and capital investment by foreign investors, which can be applied for through a Form I-924.

Receiving an employment based green card is a permanent solution for those looking to move to the U.S.

All of the EB visas take about 6 to 8 months to process. Applying and submitting your forms correctly can be a complex process, so is highly recommend seeking immigration help.

DISCLAIMER: This article/post and content is designed for general information only and is NOT legal advice. I am not a licensed attorney and so the information presented in this post should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.

EB1, EB2 and EB3 (Types of U.S Employment-Based Green Cards), these terms are abbreviations of the different employment based green card categories for foreign nationals seeking to leave and work permanently in the United States.

Did you know that every year, a good number of U.S employment green cards are available to foreign skilled professionals who wish to immigrate permanently to the United States? In this article, we are going to delve into what each green card category is, so you can learn which is best for you.

What is EB-1 EB2 and EB3 category?

These cards are issued based on your skills, education and work experience. To be eligible for one of these green cards, you will need to fall under one of the five prescribed categories, EB1 to EB5, where the letters A and B stand for employment based and the numbers one to five indicate the preference first to fifth.

EB4 and the EB5 are for special immigrants and business investors, respectively, and that will be discuss in next article.

Types of U.S Employment-Based Green Cards

EB1 – FIRST PREFERENCE

This is for foreign nationals with extraordinary ability in their field (EB-1A), outstanding professors or researchers (EB-1B), or certain multinational executives or managers (EB-1C).

Extraordinary ability in one field means that you must have attained a level of expertise that puts you at the very top of your field. This is usually demonstrated by the receipt of international or national awards in one field of expertise.

Under the EB1 category, professors and researchers can demonstrate their outstanding achievements by way of an international recognition of their work and must be pursuing tenure or tenure track teaching or research positions in a University or with a private employer.

Contrary to popular belief, you do not need to be a Nobel Prize laureate or an Olympic medalist to be eligible for the EB1 – First Preference Green Card as there are several other ways of demonstrating your eligibility for the EB1.

EB2 – SECOND PREFERENCE

This is for foreign nationals who are members of professions with an advanced degree like a master’s or PhD or have at least five years of progressive work experience beyond the baccalaureate degree. The EB2 category is also applicable to foreign nationals with exceptional ability.

Under the EB2 second preference is the EB2-National Interest Waiver (EB2-NIW). This subcategory is for foreign nationals who do not want to go through what’s called a labor certification process that’s required of the EB2 Green Card category.

However, you would need to meet certain criteria or eligibility in order to apply for your green card under the EB2-NIW category.

To be eligible to apply for a Green Card under the EB2-NIW category you will need to demonstrate that your work will be beneficial to the United States and you must meet specific sets of criteria set forth by USCIS, that indeed justify why the labor certification process should be waived.

EB3 – THIRD PREFERENCE

The EB3 Green Card category is divided into three sub-categories according to the level of training or education required to perform said job. The categories are unskilled workers, skilled workers, and professionals.

Unskilled workers (also categorized as other workers) perform jobs that requires less than two years of training or experience.

On the other hand, skilled workers are for persons whose jobs require at least two years of training or experience, while professionals are for individuals whose jobs require at least a bachelor’s degree to perform.

EXCEPTIONS

With the exception of the EB1 through extraordinary ability and the EB2-NIW that allow you to self-petition, all other employment based green card categories requires a US employer to first file a petition with the United States Citizenship and Immigration Services USCIS.

Furthermore, with the exception of the EB1 category and the EB2-NIW subcategory, all other EB categories require a US employer to first file a labor condition application with the US department of labor before filing a petition for an alien worker with USCIS.

Application Process for US Employment Based Green Cards (EB1, EB2, EB3, EB4 and EB5)

Regardless of which category you fall under, how you apply for Green Card as a foreign national will ultimately depend on whether you currently reside inside of the U.S or outside of the U.S.

Foreign nationals residing inside the U.S in a legal nonimmigrant status go through an application process called an adjustment of status, while foreign nationals residing outside the U.S need to go through a process called consular processing in order to obtain an immigrant visa to the U.S.

All applications for U.S visa are handled outside of the U.S by the U.S Department of State, while applications for an adjustment of status are handled inside the U.S by the U.S Department of Homeland Security.

I hope you found this article/post very informative.

DISCLAIMER: This article/post and content is designed for general information only and is NOT legal advice. I am not a licensed attorney and so the information presented in this post should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.