Work Visa for USA and Employment-Based Green Card

An EB-1A (Employment-Based First Preference Category A) is a type of green card category available to individuals with extraordinary ability in the fields of science, arts, education, business, or athletics. It is a self-petitioning category, meaning that applicants can file the petition on their own behalf without the need for a job offer or employer sponsorship.

To qualify for an EB-1A green card, an individual must demonstrate sustained national or international acclaim in their field, which has been recognized through extensive documentation. The applicant must provide evidence of their extraordinary ability and show that they have risen to the very top of their field. Examples of evidence include major awards or prizes, membership in prestigious organizations, published material about the individual’s work, participation as a judge or reviewer in their field, original contributions of major significance, and high salary or remuneration for their work.

In addition to meeting the extraordinary ability criteria, EB-1A applicants must also demonstrate that they will continue to work in their field of expertise in the United States and that their presence will substantially benefit the country. While a job offer is not required, the applicant should provide a plan outlining their intended work in the U.S.

EB-1B

The EB-1B immigrant visa category is a preference category of the employment-based immigrant visa program in the United States. It is designed for outstanding professors and researchers who are internationally recognized in their academic field.

To be eligible for an EB-1B visa, applicants must demonstrate sustained international acclaim and recognition in a specific academic area. The eligibility criteria include meeting at least two out of the following requirements:

1. Receipt of major international awards or prizes in the academic field.
2. Membership in associations that require outstanding achievements for membership.
3. Published material about the applicant’s work in professional or major trade publications.
4. Participation as a judge of the work of others in the same or similar academic field.
5. Original scientific or scholarly research contributions to the field.
6. Authorship of scholarly articles in professional journals or other major media.
7. Display of the applicant’s work at artistic exhibitions or showcases.
8. Leading or critical role in distinguished organizations.

   Applicants need three years’ minimum of either teaching or research experience in their field and must be entering the U.S. to accept a specific tenured  or tenure-track teaching or research position at a university or institution of higher learning. Applicants will need a specific job offer from a qualified employer to qualify.

EB-1C

The EB-1C visa is a category of employment-based immigrant visa in the United States. It is specifically designed for multinational executives or managers who are being transferred from a foreign company to a related U.S. company.

To be eligible for an EB-1C visa, the applicant must meet certain criteria:

1. Multinational Executive or Manager: The applicant must have been employed as an executive or manager in a foreign company for at least one continuous year within the three years immediately preceding your application.

2. Employment in a Related U.S. Company: The applicant must be seeking to enter the United States to continue working as an executive or manager for a related U.S. company. The U.S. company can be a subsidiary, affiliate, or branch office of the foreign company where the applicant was previously employed.

3. Executive or Managerial Capacity: The applicant must be entering the U.S. company to work in an executive or managerial capacity. This means the applicant will have significant decision-making authority and oversee the company’s operations or a major component of it.

4. Intent to Continue Employment: The applicant must demonstrate that he or she intends to continue working in the executive or managerial capacity for the U.S. company upon entry into the United States.

The EB-2 green card category is an employment-based immigrant visa classification and intended for foreign nationals who possess advanced degrees or exceptional ability in their field of expertise.

To qualify for an EB-2 Green Card, applicants must meet certain criteria. There are two main subcategories within the EB-2 classification:

1. EB-2(A): Advanced Degree Professionals This category is for individuals who have earned an advanced degree beyond a bachelor’s degree, or its equivalent. The advanced degree must be related to the job offer they have or the field in which they have exceptional ability. Alternatively, individuals with a bachelor’s degree and at least five years of progressive work experience in their field may also qualify.

2. EB-2(B): Exceptional Ability: This category is for individuals who possess exceptional ability in the sciences, arts, or business. Exceptional ability refers to a degree of expertise significantly above the ordinary, typically demonstrated by academic degrees, professional certifications, achievements, or recognition in the field. The requirements are slightly less strict than in comparison to the “extraordinary” ability in the EB-1 category above. 

In addition to meeting the eligibility requirements, EB-2 applicants must have a valid job offer from a U.S. employer. The employer typically needs to obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position being offered. However, if the applicant’s presence will benefit the U.S. in the future, he or she may be able to apply without having a job offer or labor certification through a so-called national interest waiver.

EB-2 green card applicants must also file an Immigrant Petition for Alien Worker (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, applicants can proceed with the final step of the green card process, which involves filing an application for adjustment of status (if already in the U.S.) or an immigrant visa application at a U.S. embassy or consulate abroad.

It’s important to note that the EB-2 category typically experiences high demand, and there are annual numerical limitations on the number of green cards that can be issued in this category. Therefore, there may be a waiting period for visa numbers to become available for EB-2 applicants, particularly for certain countries with high demand.

The EB-3 immigrant visa is designed for foreign nationals who have the skills, education, and experience necessary to fill positions in occupations for which there is a shortage of qualified workers in the United States. The EB-3 visa is divided into three subcategories:

1. Skilled Workers: This subcategory is for individuals who have at least two years of job experience or training in a particular field and whose skills are not readily available in the United States.

2. Professionals: This subcategory is for individuals who possess a bachelor’s degree or its foreign equivalent and whose profession requires at least a bachelor’s degree.

3. Other Workers: This subcategory is for individuals who perform unskilled labor requiring less than two years of training or experience, but for which there is still a shortage of available workers in the United States.

To apply for an EB-3 immigrant visa, the individual must have a valid job offer from a U.S. employer who is willing to sponsor them. The employer typically needs to obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position.