What Are The Categories For Employment-Based Immigrant Visas?

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There are many types of USA visas like Immigration green card, Employment visa, and many more. Employees or job candidates already hold temporary non-immigrant visas may be sponsored by employers for permanent residency (immigrant visas).

Immigrant visa petitions are categorized according to their preferences. The three most common in the employment context are:
1.First preference (EB-1).
2.Second preference (EB-2).
3.Third preference (EB-3).

Employment First Preference (EB-1)

The EB-1 category historically has provided up-to-date priority dates to certain professionals, regardless of nationality. Professionals who qualify for EB-1 status fall into the following categories. 

Extraordinary ability workers: The candidate in this category must be able to demonstrate sustained national or international acclaim in one or more of the following fields: 

1.science,
2.the arts,
3.education,
4.business,
5.athletics

Applicants with extraordinary abilities must, however, demonstrate the following:
1. Having been recognized nationally or internationally through extensive documentation.
2. Intention to enter the United States to continue working in the field of remarkable ability;
3. How the proposed work will materially benefit the United States.

Employment Second Preference (EB-2)

The EB-2 second preference has three subcategories:
1.Employees with a graduate degree or its equivalent.
2.Employees who exhibit outstanding talent in the arts, sciences, or business.
3.Employees whose employment would significantly advance American interests and to whom a National Interest Waiver has been granted.

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The candidate must have a work offer and a labor certification from the DOL, barring granting a National Interest Waiver.

The petitioning company must first obtain certification from the DOL before submitting most EB-2 visa petitions with the USCIS. The certification is based on the employer’s certification that:
1.There aren’t enough qualified and available American workers to fill the role that the foreign worker is looking to fill.
2.The hiring of foreign workers won’t harm Americans’ pay or working conditions.

Employment Thirds Choice (EB-3)

An employment offer from a sponsoring business and a labor certification from the DOL are prerequisites for the third preference category of immigrant filings. For more information, see EB-3, Employment-Based Third Preference.

Within this category, there are three subcategories:
1.Professionals with a bachelor’s degree for roles that call for at least that.
2.Other workers for positions requiring less than two years of experience; 
3.Skilled employees for positions requiring at least two years of experience.

 

 Significant wait times exist for processing final immigrant visas under the EB-3 priority. The applicant must be outside or in the United States based on a valid nonimmigrant visa while waiting for the final processing of permanent residency.

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