Employment-based immigration allows U.S. employers to hire foreign workers for specific jobs. There are five preference categories (EB-1 through EB-5) for employment-based immigration, each with different eligibility criteria, application processes, and requirements.
Key Features
- Permanent Residency: Grants lawful permanent residency (green card) to foreign workers and their families.
- Employment Opportunities: Allows U.S. employers to fill positions with qualified foreign workers.
- Diverse Categories: Various categories cater to different levels of skills, education, and investment.
Categories of Employment-Based Immigration
This category is for individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
- EB-1A: Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- EB-1B: Outstanding professors and researchers.
- EB-1C: Multinational executives and managers.
This category is for professionals holding advanced degrees or those with exceptional ability in the sciences, arts, or business.
- EB-2A: Professionals with advanced degrees (master’s degree or higher, or a bachelor’s degree plus five years of progressive work experience).
- EB-2B: Individuals with exceptional ability in the sciences, arts, or business.
- EB-2C: National Interest Waiver (NIW) applicants who can prove that their work is in the national interest of the United States.
This category includes skilled workers, professionals, and unskilled workers (other workers).
- EB-3A: Skilled workers with at least two years of job experience or training.
- EB-3B: Professionals with a bachelor’s degree.
- EB-3C: Other workers performing unskilled labor that is not temporary or seasonal.
- This category is for special immigrants, including religious workers, certain broadcasters, Iraq/Afghanistan interpreters and translators, and others.
- This category is for investors who invest a minimum of $1.8 million (or $900,000 in targeted employment areas) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
Eligibility Criteria
- Job Offer: Most categories require a job offer from a U.S. employer.
- Labor Certification: For many categories, the employer must obtain a labor certification from the Department of Labor (DOL) confirming that there are no qualified U.S. workers available for the position.
- Qualifications: Vary by category and can include advanced degrees, exceptional abilities, or significant investment.
- Financial Investment: For EB-5, a minimum investment amount is required.
Required Documents
- Petition Forms: Form I-140 (Immigrant Petition for Alien Worker) for most categories, and Form I-526 for EB-5 investors.
- Labor Certification (PERM): Obtained by the employer from the Department of Labor (for EB-2 and EB-3 categories).
- Proof of Qualifications: Diplomas, transcripts, work experience letters, or evidence of extraordinary ability.
- Employer Documents: Job offer letter, financial statements, and other relevant business documents.
- Investment Evidence: For EB-5, documentation of the investment and business plan.
Application Process
- Labor Certification (if required): Employer files for labor certification with the Department of Labor.
- Petition Filing: Employer files Form I-140 (or Form I-526 for EB-5) with USCIS.
- USCIS Processing: USCIS reviews the petition and sends an approval notice if the petition is approved.
- Visa Application: Beneficiary files Form DS-260 (Online Immigrant Visa Application) if outside the U.S., or Form I-485 (Application to Register Permanent Residence or Adjust Status) if inside the U.S.
- Consular Processing/Adjustment of Status: Attend an interview at a U.S. embassy/consulate or USCIS office.
- Medical Examination: Undergo a medical examination by an authorized physician.
- Visa Decision: USCIS or consular officer makes a decision on the visa application.
- Receive Green Card: If approved, receive a green card granting lawful permanent residency.
Cost
| Expense | Cost (USD) |
|---|---|
| Form I-140 Filing Fee | $700 |
| Form I-526 Filing Fee (EB-5) | $3,675 |
| Form I-485 Filing Fee | $1,140 + $85 (biometrics) |
| Form DS-260 Fee | $325 |
| Medical Examination | Varies by country |
| Police Clearance Certificates | Varies by country |
| Premium Processing Fee (optional) | $2,500 |
Visa Processing Time
- EB-1: 6-12 months
- EB-2: 12-24 months (longer if PERM is required)
- EB-3: 18-36 months (longer if PERM is required)
- EB-4: Varies widely by subcategory
- EB-5: 24-36 months
Key Points to Remember
- Labor Certification: Required for many EB-2 and EB-3 applications, adding time to the process.
- Extraordinary Ability Proof: EB-1A requires substantial evidence of extraordinary ability.
- Investment Requirements: EB-5 requires a significant financial investment and job creation.
- No Quota for Immediate Relatives: Unlike family-based immigration, employment-based visas are subject to annual numerical limits.
- Premium Processing: Available for some categories to expedite the petition processing.
Conclusion
Employment-based immigration provides a pathway for skilled workers, professionals, investors, and special immigrants to obtain permanent residency in the United States. Understanding the different categories, eligibility criteria, and application processes is essential for a successful application. Whether through a job offer, extraordinary ability, or significant investment, employment-based immigration can lead to a green card and a path to U.S. citizenship.
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