Employment-Based Immigrant Visas (EB-1, EB-2, EB-3, EB-4, EB-5)

1. What are the criteria for obtaining an employment-based immigrant visa?


To obtain an employment-based immigrant visa, applicants must meet specific criteria, including:

• Having a job offer from a US employer
• Showing that they have the necessary qualifications and skills to fill the job
• Meeting the minimum level of experience required for the occupation
• Obtaining a labor certification from the U.S. Department of Labor, if necessary
• Having an approved Form I-140 petition from USCIS
• Being able to demonstrate that they will not become a public charge

2. What is the difference between EB-1, EB-2, EB-3, EB-4, and EB-5 visas?


EB-1 visas are for people with extraordinary ability, outstanding professors and researchers, and multinational managers and executives.

EB-2 visas are for advanced degree professionals and those with exceptional ability.

EB-3 visas are for professionals, skilled and unskilled workers.

EB-4 visas are for special immigrants, such as religious workers, broadcasters, international employees of the U.S. government abroad, and others.

EB-5 visas are for investors who make a substantial investment in a new commercial enterprise that will create full-time jobs in the United States.

3. How do I apply for an employment-based immigrant visa?


You must first file an immigrant visa petition (Form I-140). Once your petition is approved, you must start the application process for the immigrant visa. This process includes completing the DS-260 form, submitting the required documents and fees, and attending an interview. The entire process for an employment-based immigrant visa varies depending on the visa category and the country of chargeability.

4. What documents do I need to apply for an employment-based immigrant visa?


In order to apply for an employment-based immigrant visa, you will need to provide certain documents, such as your passport, proof of work eligibility, proof of financial support, a signed letter of job offer, a completed Form I-140 (Immigrant Petition for Alien Worker), and any other documents requested by the United States Citizenship and Immigration Services (USCIS). You may also need to provide evidence of any specialized skills or qualifications related to the job.

5. Is there a limit to the number of employment-based immigrant visas issued each year?


Yes, there is a limit to the number of employment-based immigrant visas issued each year. The limit is 140,000 employment-based immigrant visas per year.

6. How long does it take to get an employment-based immigrant visa?


It depends on the visa category that is being applied for. Generally, it can take anywhere from 6-20 months to receive an employment-based immigrant visa. Certain categories may have shorter or longer processing times, so it’s best to consult with an immigration attorney for more specific information.

7. What are the eligibility requirements for permanent residency through an employment-based immigrant visa?


The eligibility requirements for permanent residency through an employment-based immigrant visa depend on the type of visa you are applying for. Generally, the requirements include:

1. The employer must obtain a certification from the U.S. Department of Labor confirming that there are no qualified U.S. workers for the position and that the immigrant will not adversely affect the wages and working conditions of U.S. workers in a similar occupation.

2. The employer must file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS). This includes providing evidence of the employee’s qualifications and employment offer.

3. Depending on the visa type, the individual may need to obtain labor certification from the Department of Labor or meet certain qualifications and requirements to prove that they are eligible for permanent residency in the United States.

4. The individual must be admissible to the United States, which includes passing a background check, health examination, and establishing that they have not violated any immigration laws in the past.

8. Can I change my status from a temporary worker to an employment-based immigrant visa?


No, a change from a temporary worker to an employment-based immigrant visa is not possible. However, you may be able to apply for an employment-based immigrant visa if you meet certain eligibility criteria. It is important to consult an experienced immigration attorney to discuss your specific situation and find out what options may be available to you.

9. Which employers can sponsor an employee for an employment-based immigrant visa?


Employers can sponsor an employee for an employment-based immigrant visa through the U.S. Citizenship and Immigration Services (USCIS). The employer must file a Form I-140, Immigrant Petition for Alien Worker, with USCIS. The employer must prove that they are able to pay the employee’s wage in the U.S., that the employee has the necessary qualifications for the job, and that there is no U.S. worker available to fill the position.

10. Are there any restrictions on travel for people on employment-based immigrant visas?


Yes, there are restrictions on travel for people on employment-based immigrant visas. People with an immigrant visa cannot travel outside the United States until they have been admitted as a Lawful Permanent Resident (LPR). People with an immigrant visa must also obtain advance parole before traveling outside the United States.

11. Is there a minimum salary requirement for employment-based immigrant visas?


Yes, there is a minimum salary requirement for employment-based immigrant visas. The Department of Labor requires employers to pay the prevailing wage or the actual wage paid by the employer to its workers, whichever is higher. Additionally, the employer must also demonstrate that they are able to pay the prevailing wage to the foreign employee for the duration of their employment.

12. Can I bring my family members with me on an employment-based immigrant visa?


Yes, family members including a spouse and unmarried children under 21 years of age, may accompany or follow to join the principal visa holder. The accompanying family members will receive derivative visas.

13. Do I need a job offer in order to qualify for an employment-based immigrant visa?


Yes, a job offer from a U.S. employer is typically required for an employment-based immigrant visa.

14. What are the alternative pathways to obtaining an employment-based immigrant visa?


The alternative pathways to obtaining an employment-based immigrant visa include:

1. Visa Lottery: The Diversity Visa Lottery Program, which is run by the Department of State, provides visas to immigrants from countries with low rates of immigration to the United States.

2. Employment-Based Green Cards: Employers can petition for a green card for their employees if they meet certain requirements.

3. Investor Visas: The EB-5 visa program is a permanent residency program based on investment in a U.S. business venture.

4. Special Immigrant Visas: These are available for certain groups, such as religious workers, certain former employees of U.S. government agencies, and Afghan and Iraqi translators.

5. Family-Sponsored Green Cards: These are available if a relative in the United States is willing to sponsor you.

6. Refugee or Asylee Status: Refugees and asylum seekers may be eligible for an immigrant visa if they meet certain criteria.

15. What if my application is denied for an employment-based immigrant visa?


If your application is denied for an employment-based immigrant visa, you may be able to file an appeal or a motion to reopen or reconsider. You should consult with an experienced immigration attorney to discuss your options.

16. Are there special considerations for people with unique skills or abilities when applying for an employment-based immigration visa?


Yes, the U.S. Department of Labor’s Permanent Labor Certification Program (PERM) has special rules that allow people with unique skills or abilities to qualify for an employment-based immigration visa. Under the PERM program, an employer can file a labor certification application on behalf of a foreign worker who has extraordinary ability in the sciences, arts, education, business, or athletics. The PERM application requires the employer to demonstrate that the foreign worker’s qualifications are more than what can generally be found in the U.S. labor force and that the worker will not adversely affect wages and working conditions of U.S. workers similarly employed.

17. Do I have to pay any fees when applying for an employment-based immigration visa?


Yes. There are several fees associated with the process. Depending on the type of visa you are applying for, the fees may include an Immigrant Visa Application Processing fee, a visa application fee, and a medical exam fee. Some types of employment-based visas also require a fee for the Department of Labor’s prevailing wage determination.

18. Are there any programs that can help me with the cost of applying for an employment-based immigration visa?


Yes, there are a few programs that can help with the cost of applying for an employment-based immigration visa. These include the Immigrant Visa Fee Waiver Program, which waives the visa application fee for certain immigrants; The Immigrant Investor Program, which offers visas to investors who invest a certain amount of money in a U.S. business; and the Employment-Based Immigration Investment Program, which provides visas to foreign investors who make an investment in a job-creating enterprise in the United States. Additionally, some employment-based visas may also qualify for fee waivers offered by the U.S. Department of State.

19. How do I check the status of my application for an employment-based immigration visa?


You can check the status of your application for an employment-based immigration visa by visiting the U.S. Citizenship and Immigration Services (USCIS) website and using the “Check My Case Status” tool. You will need your receipt number, which is listed on any receipt notices you have received from the USCIS, or on any other correspondence from them. You can also call the USCIS National Customer Service Center at 1-800-375-5283 to check on your application.

20. Can I renew my employment-based immigration visa after it expires?


Yes, you can renew your employment-based immigration visa after it expires. However, you will need to submit a new application to the US Citizenship and Immigration Services (USCIS) and go through the entire visa application process again.