Employment Based Visa Overview

Employment Based Visas| Employment Immigration EB Visas

EB-1 visas

This First Preference employment-based visa category is for priority workers who qualify in one of the following sub-categories

  • extraordinary ability
  • are an outstanding professor or researcher
  • are a multinational executive or manager

Applicants for an EB-1 visa are at the top of their career and have achieved at least national if not regional or international recognition for their work. Because of the various sub-categories and their unique requirements, your questions are best answered one-on-one, through a formal consultation, given the applicant’s specific situation.

EB-2 visas

The Second Preference visa category is for those who qualify in one of the following sub-categories:

  • members of the professions holding advanced degrees, or
  • foreign nationals with exceptional ability in the sciences, arts or business who will substantially benefit the national economy, cultural, or educational interests.

There are many more applicants in this category given the broader requirements that need to be met. Those from India and China who qualify for this category will experience a lengthy backlog due to the per-country caps. It’s important to note that extraordinary ability in the arts includes international athletes. This expanded interpretation of “the arts” provides additional opportunities for foreign national athletes who seek to advance their career here in the US.

EB-3 visas

The Third Preference employment based visa category is for other professionals, skilled workers, and other workers who fit into one of the following three sub-categories:

  • skilled workers with at least two (2) years’ experience;
  • professionals with a bachelor degree (or foreign degree equivalent) that is required for the job position; or
  • other workers with less than two years’ experience that is required for the position.

This category is potentially more competitive that EB-1 but in a different way. Though EB-1 visas are attractive to the best, brightest, and most accomplished in their field, the number of people eligible for an EB-1 is considerably smaller than those for an EB-3. As a result, this category has a very significant backlog no matter which country the foreign national hails from.

EB-4 visas

The Fourth Preference visas are for special immigrants who fall into very limited, specifically identified professions, such as broadcasters, religious workers, Iraqi/Afghani translators, or employees of international organizations. It’s important to note that the religious worker provision of the EB-4 is generally not a suitable alternative for the R visa for religious workers. The reality is few people will meet the requirements for this preference category.

One of the most-common mistakes for business and employment law visas relates to when an immigrant plans to work or own a business in the United States is thinking that they can just fill out the right paperwork and everything will be taken care of. This is not the case. First, simply figuring out which paperwork to fill out and submit is a challenge in and of itself. In order to make sure you are filing the right papers, applying for the right visa, and not missing any other vital steps, work with Swenson Law Office, PC to cover all of your bases right from the start.

Swenson Law Office, PC

5161 E. Arapahoe Rd., Suite 120