Employment-Based Visas

What This Article Covers

• Types of Employment-Based Visas
• How to Apply for an Employment-Based Visa

You can refer to the US Department of State website for more detailed information about these visa categories.

Below are the different and most common employment-based immigrant visas that someone can apply for:

• EB-1 - Priority workers, those with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers, multinational managers and executives
• EB-2 - Those in professions with advanced degrees, exceptional ability
• EB-3 - Skilled workers, professionals, or other workers

If you want to apply to these visa categories while in the US, you can apply for an adjustment of status to permanent residence.

• You must be physically present in the U.S. at the time of filing
• The job offer indicated in your Form I-140 is still valid
• You do not meet any grounds or criteria for inadmissibility

Fill up and file Form I-485, Application to Register Permanent Residence or Adjust Status. You must submit the application before your current visa expires. Petitions are subject to the numerical annual quota for immigrant visas. Meaning, there must be an immigrant visa available at the time of filing and when the USCIS makes a decision about your application.

If you are a Green Card holder for at least 5 years, then you are eligible to apply for citizenship. Go through the 10-step naturalization process to become a U.S. citizen.

Below is a more comprehensive list of all employment-based visas and the qualifications needed for each.

EB-1: Employment First Preference

• Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Must have national or international acclaim and recognition.
• Outstanding professors and researchers with at least three years of experience and recognized internationally.
• Multinational managers or executives employed for at least one year of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the US employer.
• Applicants do not need a specific job offer to apply.

EB-2: Employment Second Preference

• Generally requires a formal employment offer to be eligible to apply.
• Professionals holding advanced degrees and persons of exceptional ability.
• You must demonstrate that granting you the EB-2 is in the national interest of the United States. Exemptions to the labor certification approval may be filed through the National Interest Waiver.
• Advanced degrees or a baccalaureate degree with at least five years of progressive professional experience.
• Exceptional ability in the sciences, arts, or business.

The U.S. State Department defines “exceptional ability” as “having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

EB-3: Skilled workers, Professionals, and Unskilled Workers

• Skilled workers with a minimum of 2 years of training or work experience.
• Professionals who have at least a baccalaureate degree.
• The application is filed through an employer (petitioner). Usually, you must already have a job offer.

EB-4: Certain Special Immigrants

• Typically for religious workers but can include other professions.

EB-5: Investor Visa

• Individuals are investing substantial capital in financing a new business in the U.S.

How to Apply for an Employment-Based Visa

1. After petition approval from the USCIS, the application is sent to the National Visa Center (NVC). Then, you will create a case and be assigned a case number in the Consular Electronic Application Center (CEAC).

2. Pay Immigrant Visa Application Processing Fee, Affidavit of Support Fee

3. The petitioner (in this case, the employer) should file an Affidavit of Support, Form I-864.
   1. Submit financial documents such as IRS Tax Transcript, Evidence of income, Proof of assets, and Proof of U.S. status

4. Complete the Immigrant Visa and Alien Registration Application, Form DS-260 and print the confirmation page.

5. Fill out the Choice of Address and Agent, Form DS-261. No need to do this step if you have an attorney.

6. Scan and upload Civil documents.

7. After completing all documents, the NVC will schedule your visa interview appointment. Then, it will forward your application to your country's U.S. Embassy or Consulate.

8. Do the necessary pre-interview processes:
   1. Schedule and complete a medical exam
   2. Register for a courier service

9. Attend your scheduled interview. Bring the following documents:
   1. Appointment Letter from NVC
   2. DS-260 confirmation page
   3. Passport
   4. Two 2x2 color photographs
   5. Original or certified copies of civil documents uploaded into CEAC
   6. Financial documents
   7. Medical Examination forms

10. When the visa is granted, pay the USCIS Immigrant Fee