Employment-Based (EB) Immigrant Visas

EB visas are for those who are seeking to come to work and live in the United States permanently. Each type of EB visa requires different documentation and is geared to a different type of immigrant. The spouse and children under the age of 21 of an EB visa holder may also obtain permanent residency status.

In most cases, EB-2 and EB-3 visas require Labor Certification from the U.S. Department of Labor. The Labor Certification process exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visas are not displacing qualified U.S. workers. Obtaining labor certification requires a full-time job offer from a U.S. employer, though under limited circumstances, EB-2 visa petitioners who are entrepreneurs or self-employed can be exempted from this requirement by qualifying for a National Interest Waiver.

EB-1 Visa

EB-1(A) This visa is for those with extraordinary ability in the sciences, arts, education, business, or athletics, who have sustained acclaim within their field.

EB-1(B): This visa is for Outstanding Professors or Researchers; employer sponsorship required.

EB-2 Visa

This visa is for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business. This visa generally requires a job offer and Labor Certification, unless the applicant can obtain a National Interest Waiver.

NATIONAL INTEREST WAIVER

The National Interest Waiver is a green card pathway that allows foreign nationals to self-petition for permanent residency without needing a U.S. employer sponsor or a Department of Labor certification. It requires a showing that your proposed endeavor has substantial intrinsic merit and a broad positive impact on a national or global scale, that you are well-positioned to advance the endeavor (through education, skills, track record), and that on balance, it benefits the U.S. to waive the standard labor certification (PERM) process.

EB-3 Visa

This visa is for professionals, skilled workers, and other workers. Typically a baccalaureate degree or at least two years of experience is required in a specific field in which qualified U.S. workers are not available. Labor Certification and a permanent job offer are required.

EB-4 Visa

This preference is for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, broadcasters, former U.S. Government employees, Iraqi/Afghan translators, Iraqis/Afghanis who otherwise assisted the U.S. Government, foreign medical graduates, retired employees of international organizations, armed forces veterans or enlisted, alien minors who are wards of courts in the United States, and other classes of aliens.

EB-5 Visa

This Green Card visa is for those who want to immigrate and who can stimulate the U.S. economy through job creation or capital investment.