Employment-Based Visa
An Employment-Based (EB) Visa allows foreign nationals to live and work permanently in the U.S. through five preference categories, each with unique eligibility criteria and priority dates.
- EB-1: Priority Workers
This category includes individuals with extraordinary abilities in sciences, arts, business, or athletics, as well as outstanding professors, researchers, and multinational executives. - EB-2: Advanced Degrees or Exceptional Ability
Designed for those with advanced degrees or exceptional abilities in their fields. - EB-3: Skilled Workers and Professionals
For skilled workers needing at least two years of training or experience, professionals with bachelor’s degrees, and certain unskilled workers with a U.S. job offer. - EB-4: Special Immigrants
Covers specific groups, such as certain religious workers, U.S. government employees, and Afghan and Iraqi nationals. - EB-5: Immigrant Investors
Reserved for those investing substantial funds in a U.S. business that creates jobs.
Important Considerations
Most EB visas require labour certification from the Department of Labour, confirming no qualified U.S. workers are available for the position. Each EB category has a priority date, which determines visa availability, and some categories experience visa retrogression, meaning visas may be delayed due to limited numbers. Consulting with an immigration attorney is essential to navigate the complex application process effectively.
Frequently Asked Questions
An Employment-Based Visa, or EB visa, is a type of U.S. immigrant visa that allows foreign nationals to live and work permanently in the United States. It's designed for individuals who have a job offer from a U.S. employer.
There are five main categories of EB visas:
- EB-1: Priority Workers (extraordinary ability, outstanding professors, multinational managers/executives)
- EB-2: Professionals Holding Advanced Degrees or Exceptional Ability
- EB-3: Skilled Workers, Professionals, and Other Workers
- EB-4: Special Immigrants (religious workers, government employees, etc.)
- EB-5: Immigrant Investors
A Labour Certification is a document issued by the U.S. Department of Labour that certifies that there are no qualified U.S. workers available for the job offered to the foreign worker. This is a crucial step in the EB visa process for most categories.
A Priority Date is the date on which the U.S. Citizenship and Immigration Services (USCIS) receives the immigrant visa petition. The priority date determines the order in which visa numbers are allocated.
Visa Retrogression occurs when the demand for visas in a particular category exceeds the annual limit. This can delay the processing of visa applications, especially for those with later priority dates.