Employment Visas, Investors and Professionals
Employment-based immigration is another way for individuals to immigrate to the United States. This type of immigration is based on employment opportunities and allows U.S. employers to sponsor foreign nationals for a variety of positions. Employment-based immigration is divided into five categories, each with its own set of requirements and eligibility criteria.
The first category is the EB-1 visa, which is for individuals who have extraordinary ability in the sciences, arts, education, business, or athletics. This category also includes outstanding professors and researchers and multinational executives or managers. To be eligible for this visa, an individual must demonstrate that they have achieved national or international recognition in their field.
“Experienced Attorneys Aggressive Representation.”
The second category is the EB-2 visa, which is for individuals who have advanced degrees or exceptional ability in the sciences, arts, or business. This category also includes individuals who qualify for a national interest waiver. To be eligible for this visa, an individual must have a job offer from a U.S. employer and demonstrate that they possess the skills and experience required for the position.
“Globally Minded.”
“Courage to Go Deep.”
The third category is the EB-3 visa, which is for skilled workers, professionals, and other workers. To be eligible for this visa, an individual must have a job offer from a U.S. employer and demonstrate that they possess the necessary skills and experience for the position. This category also includes unskilled workers, although the number of visas available for this category is limited.
The fourth category is the EB-4 visa, which is for special immigrants. This category includes religious workers, employees of U.S. foreign service posts, and other individuals who have been granted special immigrant status by the U.S. government.
The fifth category is the EB-5 visa, which is for investors. To be eligible for this visa, an individual must invest a minimum of $1.8 million in a U.S. business or $900,000 in a targeted employment area. The investment must create at least 10 full-time jobs for U.S. workers. This category also includes investors who participate in regional centers, which are designated by USCIS for the purpose of promoting economic growth.
The process for employment-based immigration begins with the U.S. employer submitting a petition to sponsor the foreign national. This petition must be approved by USCIS before the foreign national can apply for an immigrant visa or adjustment of status.
Once the petition is approved, the foreign national will need to go through the consular processing or adjustment of status process to obtain their immigrant visa or green card. Consular processing involves attending an interview at a U.S. embassy or consulate abroad, while adjustment of status involves filing an application with USCIS while the foreign national is in the United States.
Like family-based immigration, employment-based immigration can be a lengthy and costly process. U.S. employers must pay various fees, including the filing fee for the petition, the immigrant visa application fee, and the premium processing fee. Additionally, the foreign national may need to pay for travel expenses, medical examinations, and other costs associated with the immigration process.
Despite the challenges, employment-based immigration is an important avenue for individuals to immigrate to the United States. It allows U.S. employers to fill critical positions with highly skilled workers and entrepreneurs, which can contribute to the growth and success of the U.S. economy.