A Guide to the Different Types of Employment-Based Immigration Visas

First Preference Immigrant Worker (EB-1)

The EB-1 visa, also known as the First Preference Immigrant Worker visa, is one of the options available for those seeking a green card in the United States. Individuals who have extraordinary abilities in the sciences, arts, education, business, or athletics, or who are outstanding professors or researchers, may qualify for this visa. As an added benefit, some applicants for the EB-1 visa need not have a job offer from a U.S. employer in order to qualify.

The U.S. government does not impose any numerical limits or quotas on the number of EB-1 visas issued each year. To qualify, applicants must demonstrate that they possess an extraordinary ability that is significantly above the normal level of ability in their field of endeavor. Those who do qualify, however, are presented with a direct route to a green card and ultimately U.S. citizenship.

Second Preference Immigrant Worker (EB-2)

If you are an immigrant worker looking to work in the United States, the Second Preference Immigrant Worker (EB-2) visa is the ideal option. This visa is designed for foreign nationals who possess an advanced degree or exceptional ability in science, art, or business. The EB-2 visa is sponsored by a U.S. employer and is a pathway to permanent residence in the United States.

To apply for an EB-2 visa, employers must first complete a labor certification (PERM) process and then file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). The process of obtaining a green card for an EB2 immigrant worker usually takes longer than for an EB-1 worker because of the longer wait times for the priority date to become current.

Third Preference Immigrant Worker (EB-3)

The Third Preference Immigrant Worker (EB-3) visa is a great option for skilled workers and professionals looking to work in the United States. This visa category is designed for individuals looking to obtain a green card through employment-based immigration. To be eligible for an EB-3 visa, applicants must have a bachelor’s degree or foreign equivalent (for professionals), two years of experience in their field (for skilled workers), or two years of training or experience (for other workers). In addition, applicants must also have an approved Labor Certification from the Department of Labor and a job offer from a U.S. employer.

The processing time for the EB-3 visa can range from two to five years, depending on the applicant’s circumstances. Once approved, the EB-3 visa holder can enter the U.S. and become permanent residents.

Do You Have a Sponsoring U.S. Employer?

The H-1B to green card process requires a sponsoring employer who is responsible for filing the paperwork and supporting the employee’s green card application. In order for the sponsoring employer to be successful, they must demonstrate that the employee has the skills and experience necessary to work in the US. Additionally, the sponsoring employer must provide evidence that the employee’s job is a permanent, full-time position and that they have the resources to compensate the employee for the duration of the green card process.

It is also important for the sponsoring employer to prove that the position is not being used to replace an American worker. To do this, they must prove that the employee’s salary meets the prevailing wage rate for the position. The sponsoring employer must also show that they are not using the EB-2 program as a way to circumvent immigration laws.

Perm Labor Certification

The H-1B visa is an important pathway for foreign workers to obtain a green card and become permanent residents of the United States. One of the key steps in this process is the PERM Labor Certification. This certification requires employers to prove that there is no qualified US worker available for the position and that hiring the foreign worker will not negatively impact US wages and working conditions.

In order to apply for the Perm Labor Certification, employers must submit an application to the Department of Labor (DOL). This application must demonstrate that the employer has conducted an extensive search for a qualified US worker and that no qualified US worker could be found for the position. If the application is approved, the foreign worker can then apply for a green card and begin the process of becoming a permanent resident of the United States.

The Perm Labor Certification process is a crucial step to obtaining a green card for a foreign worker.

Adjustment of Status

Adjustment of Status (AOS) is a process that allows certain foreign nationals to apply for a green card while they are in the United States. This is an attractive option for foreign nationals who are already in the country as it allows them to remain in the US while their application is processed. To be eligible for AOS, the foreign national must have entered the United States legally and not have violated any immigration laws. Additionally, they must have obtained an H-1B visa and have an approved I-140 immigrant visa petition.

The AOS process is lengthy and requires extensive documentation. Applicants must submit biometric information to the USCIS to ensure that they are who they claim to be. In addition, they must undergo a medical exam to ensure they are free of any contagious diseases and meet other health requirements. The USCIS will review all the documentation submitted to determine if the foreign national is eligible for AOS and if they meet all the requirements, they will be granted a green card.

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