4 Steps to Applying for an EB Visa:
There are four steps one needs to follow for an employer in the U.S. to successfully petition a foreign worker for becoming a permanent resident of the United States. These are as follows:
Employer or Agent Obtains Labour Certification Approval
For the majority of employment categories, the sponsoring employer is required to get a labour certification approval from the Department of Labour. It confirms that no qualified U.S. workers are available or agreeable to do the job that the immigrant will be employed to do.
Employer Files Petition with USCIS
If the labour certification is approved, the employer has to file form I-140, the Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS) for the apt employment-based preference category. People from the E-B1 category have a great opportunity to file their own petitions.
USCIS Sends a Petition to the National Visa Center
Once the USCIS approves the petition, it is sent to the National Visa Center (or NVC), which will commence pre-processing the case of the applicant.
Immigrant Applies for an Immigrant Visa or Green Card
The prospective employer or agent of the applicant is required to first obtain a labour certification approval from the Department of Labour. Once approval is received (if required), the employer files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for a suitable employment-based preference category. (NOTE: Persons with extraordinary abilities in the employment first preference category can file their own petitions). If the applicant is already in the United States, he or she could apply for an Adjustment of Status. Or else, the applicant would go through the process of obtaining a visa through the Embassy or Consulate.
We Represent Small, Medium, and Large Companies in Obtaining Permanent Residency for their Employees Through the Following Categories:
EB-1 People of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers
The EB-1 Visa is a first preference employment-based visa, which is reserved for foreign nationals, demonstrating extraordinary ability in their field. Qualifying areas include athletics, arts, business, education, or science.
There are three types of EB-1 visas:
- EB-1a Visa: This green card is for individuals with extraordinary ability
- EB-1b Visa: This green card is for an exceptional professor or researcher
- EB-1c Visa: This green card is for managers or executives of multinational companies
EB-2 People of Exceptional Ability, National Interest Waivers, and Labour Certification (PERM)
Next is the EB-2 visa, which is a second preference employment-based visa. In general, it is usually for graduates with an advanced degree or a foreign national with outstanding ability in their specialization area. The EB-2 National Interest Waiver (NIW) is another option. It does not require the PERM or Labour Certification process. This accelerates applications for individuals with the ability to prove that their specialty is in the national interest of the United States.
EB-3 Labour Certification for Degreed Professionals and Skilled & Talented Workers
The EB-3 is a third preference green card, which is based on the employment for skilled, professional, or other workers. EB-3 visa requirements are rather less rigid compared to EB-1 and EB-2. Thus, the wait frequently takes more time.
- Skilled: Training, experience, or job education
- Professional: Baccalaureate degree or equivalent
- Other/Unskilled: Or in some cases under two years of experience
EB-4 Ministers and Religious Workers
The EB-4 visa – a fourth preference employment-based green card – is for special immigrants. It was designed as a catch-all for immigrants whose situations do not fit the other categories. The EB-4 visa is frequently given to religious workers but applies to other circumstances, including armed forces and physicians.
EB-5 Immigrant Investors
The EB-5 visa is a fifth-reference employment-based green card for foreign investors with considerable funds for investing in a U.S. company. Some options for EB-5 investments consist of a new company or a current failing organization.
A wide range of investment options meets USCIS’s conditions for approval existing across various fields and industries. These include agriculture, casinos, manufacturing, medical facilities, hotels, restaurants, real estate developments, and stadiums.