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Which EB Visa Do I Qualify For?

April 6, 2022

For individuals who want to move to the United States permanently but don’t have a family to sponsor them, employment-based immigration provides a path to citizenship. These visas can also help U.S.-based employers hire the right talent in situations where local workers are not available. Specifically, there are EB visas that allow qualified professionals, unskilled workers, investors, and others to apply for permanent residency and to work in the United States.

What are the different employment-based visa categories?

There are five employment-based (EB) visa categories that allow professionals to enter the United States to live and work. These visa programs allow companies to recruit professionals from a wide range of industries and for an array of employment positions.

First priority. An EB-1 visa is for people who show “extraordinary ability” in their sector or who are outstanding researchers or professors. This visa category is also for some multinational executives and managers.
Second priority. The EB-2 visa is for people with advanced degrees or exceptional ability. Individuals whose work in the United States would greatly benefit the U.S. can also apply for this visa.
Third priority. The EB-3 visa is more broadly defined and is available for professionals and for skilled and unskilled workers.
Fourth priority. Special immigrants qualify for an EB-4 visa.
Fifth priority. Investors from other countries who add to the American economy by investing in specific qualifying projects may qualify for an EB-5 visa.

Each visa category has a list of qualifications, and even within categories, individual applicants may need to meet different requirements. The United States has a need for many kinds of workers and professionals, and the diversity of visa categories reflects this.

How are EB visas similar and different?

All EB visas allow immigrants to come to the United States to live and work and all offer a path to permanent residency and eventually citizenship. All EB visas are based on an applicant’s job, career, or employment and do not require family relationships in the United States. All will require an involved application process and mandate that the applicant be admissible to the U.S.

The priorities are very different, however. EB visas range from those intended for internationally recognized leaders in a field to unskilled workers with fewer than two years of work experience. EB-1 visa requirements are also very different than the requirements for an EB-5 visa, EB-3 visa, and other priority categories. EB-2 and EB-3 visas, for example, require an employer-submitted petition and labor certification while EB-5 visas do not. Each visa also has different education and work experience requirements.

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Which EB visa do I qualify for?

When it comes to qualifications, you may qualify for different visas, depending on the position you need to fill at your company. Employers should also be aware of the different categories so they can choose the visa holders most in alignment with their talent needs. It is advisable to read all requirements for all visa categories to understand which visa category might be best for you.

EB-1 visa. People who have won major awards in their career can apply for an EB-1 visa without an employer sponsor. Someone who has achieved international recognition in academics or is an experienced multinational manager or executive and has an employer sponsoring them for a visa may also qualify.
EB-2 visa. Individuals who have at least a baccalaureate or equivalent and five years of work experience in your field may qualify for an EB-2 visa. This visa program is also for applicants who demonstrate “exceptional ability” in business, the sciences, or the arts. If a person’s abilities would greatly benefit the United States, they can self-petition for an EB-2 visa, without a sponsoring employer. These individuals would need to apply for labor certification on their own.
EB-3 visa. If you have an opening for a permanent job requiring at least two years of experience of training at your company, this may be the most appropriate category. This visa category may also be appropriate for professionals with at least a baccalaureate or equivalent and for workers with less than two years of experience or education. This is a broad category, but in all cases applicants must have a permanent, full-time job offer in hand and their employers must have received labor certification, showing that U.S. workers are not available for or interested in the position.
EB-4 visa. This broad visa category can apply to qualified Afghan and Iraqi workers who have helped the U.S government, workers for the Canal Zone or Panama Canal company, religious workers, some broadcasters, and other applicants.
EB-5 visa. Applicants for this visa tend to be high-net-worth individuals who have considerable assets which are liquid and which they are willing to invest in qualifying projects in the United States.

If you’re an employee, consider not just whether you qualify for a visa, but also the requirements once you are in the U.S. Some visas are flexible and allow individuals to move to the U.S. first and then study, seek work, or even change careers. If you’re an employer, be aware that you may need to extend a job offer to a qualified candidate before they can begin the application process for a visa.

If I qualify for more than one EB visa, how should I choose?

It may happen that you qualify for a few EB visas. If you are in this fortunate position, a good rule of thumb is to choose the highest priority category you can. If you meet EB-1 visa requirements, for example, but also the requirements for the EB-5 visa, EB-3 visa, or another category, it can make sense to apply for the EB-1. The EB-1 visa has current priority dates, so there is little wait time for your visa.

If you are an employer, it is also important to review the job position you are filling. If the job role does not require an advanced degree or skilled workers, then you will want EB-3 workers, and not EB-2 visa holders.

How can Farmer Law help?

Applying for an employment-based visa is an investment of your time and money. If you are hiring talent for your company, you want the best team members you can find but it’s also important to select the right visa category.

Farmer Law can help. Our experienced immigration attorneys have helped many businesses hire workers from other countries. We can help you determine which visa program is most appropriate and can even help you find qualified candidates. If you run into delays or have questions, we’re there to assist.

If you’re considering hiring workers from outside the United States, you don’t have to go through the process alone. We can make the journey smoother and we can free up time you can use for your business success. For a consultation with Farmer Law, contact us today to discuss your plans and visa application.

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