EB Visa Explained

EB Visa
Explained

Employment-Based Visa

There are five types of employment-based (EB) visas/green cards, each of which grants permanent residency in the United States.
 

The EB visa category of green cards includes a variety of work-based immigration alternatives. To be accepted by the United States and Immigration Services, employment-based visas must have a strong case (USCIS).

Some employment-based immigrant visas require a Department of Labor PERM Application or Labor Certification, while others do not.

H-1B, L-1, and P visas are examples of non-immigrant employment-based visas that can lead to an EB-type green card.

EB-1 Visa / Green Card: Exceptional Ability

The EB-1 visa is a first-come, first-served employment-based visa for foreign nationals who have demonstrated exceptional skill in their area. Science, the arts, education, business, and athletics are all examples of qualifying fields. Outstanding achievements, as evidenced by "continued national or international recognition," qualify as extraordinary.

There are three categories of Eb-1 visas:

  • EB-1a visa: Extraordinary Ability green card.

  • EB-1b visa: Outstanding Professor or Researcher green card.

  • EB-1c visa: Managers or Executives of multinational companies.

EB-1 Visa Requirements and Application Process Explained

EB-2 Visa / Green Card:

The EB-2 is an employment-based visa with a second priority. It's usually reserved for advanced degree holders or foreign nationals who excel in their field.

The EB-2 National Interest Waiver (NIW) is another possibility, as it avoids the PERM and Labor Certification processes. Individuals who can show their expertise is in the national interest of the United States have their applications expedited.

EB-1 Visa Requirements and Application Process Explained

EB-3 Visa / Green Card:

Skilled, Professional, or Other Workers:

The EB-3 visa is an employment-based green card with a third priority for skilled, professional, or other employees. Because the EB-3 visa standards are less severe than the EB-1 and EB-2, the wait period is sometimes longer.

  • Two years of training, experience, or job education are required to be considered skilled (sometimes relevant post-secondary education).

  • Other/Unskilled: Baccalaureate degree or equivalent, or less than two years of training or experience in some situations.

  • (Temporary or seasonal occupations are not included.)

EB-4 Visa / Green Card

​Special Immigrants:

For extraordinary immigrants, the EB-4 visa is a fourth-preference employment-based green card. It was created to serve as a catch-all for immigrants who did not fit into any of the other categories. The Eb-4 visa is frequently granted to religious workers, although it also applies to the Armed Forces and Physicians.

Each year, 10,000 EB-4 visas are granted.

EB-5 Visa / Green Card

Investors:
 

The EB-5 visa is a fifth-tier employment-based green card for foreign investors with substantial funds to invest in a U.S. business. A new company or an existing failing company are two choices for EB-5 investments.

A large selection of investment alternatives meet USCIS clearance requirements in a variety of sectors and industries. Hospitals, restaurants, casinos, and stadiums are examples of industries that include medical institutions, manufacturing, agriculture, and real estate development.

EB-5 Visa Requirements and Application Explained

The EB-5 Investor Visa is often faster than other employment-based visas and doesn't require a PERM Application/Labor Certification. An attractive path for foreign nationals with significant capital for securing permanent residency.

Work Visa USA Types

The EB-1 visa is a first-come, first-served employment-based visa for foreign nationals who have demonstrated exceptional skill in their area. Science, the arts, education, business, and athletics are all examples of qualifying fields. Outstanding achievements, as evidenced by "continued national or international recognition," qualify as extraordinary.

There are three categories of Eb-1 visas:

  • EB-1a visa: Extraordinary Ability green card.

  • EB-1b visa: Outstanding Professor or Researcher green card.

  • EB-1c visa: Managers or Executives of multinational companies.

EB-1 Visa Requirements and Application Process Explained

There are numerous types of work visas in the United States, based on your goal and the type of work you wish to conduct.
 

The following are the several categories of US Temporary Work Visas:

  • H1B1 Visa: Person in Specialty Occupation (H1B visa). To work in a specialized field. A higher education degree or its equivalent is required. Fashion models of distinction and aptitude, as well as government-to-government research and development and co-production initiatives managed by the Department of Defense, are included.

  • H-1B1 Visa: Professional Free Trade Agreement (FTA) – Chile, Singapore To work in a specialized field. Requires a post-secondary degree in the subject of expertise that includes at least four years of study. (Please be aware that this is not a petition-based visa.)

  • H-2A Visa: Temporary Agricultural Worker (H-2A) visa. For agricultural employment that is transitory or seasonal. With few exclusions, limited to citizens or nationals of selected countries if considered to be in the US's best interests.

  • H-2B Visa: Non-agricultural Temporary Worker. For non-agricultural work that is transient or seasonal. With few exclusions, limited to citizens or nationals of selected countries if considered to be in the US's best interests.

  • H-3 Visa: Trainee or Special Education visitor on an H-3 visa. To obtain training that is not available in the trainee's native country, such as graduate medical or academic training or practical training programs in the education of children with mental, physical, or emotional problems.

  • I Visa: Foreign media representatives. The visa allows journalists and others in the information and media industries to finish their work while in the United States.

  • L1 Visa: Intracompany Transferee (L1) visa Working in a managerial or executive capacity, or in a position requiring specialized knowledge, in a branch, parent, affiliate, or subsidiary of the current firm. Individuals must have worked for the same employer abroad for at least one year in the previous three years.

  • P-1 Visa: Athlete, either individually or in a team, or a member of an entertainment group. As an athlete or as a member of an entertainment group, to compete in a certain sporting competition. Requires a level of sustained performance that is internationally recognized. Persons who provide critical services in support of the aforementioned

  • P-2 Visa: Artist or Entertainer P-2 visa (Individual or Group). For outstanding performance in a reciprocal exchange program between a US-based organization and a foreign-based organization. Persons who provide vital services in support of the aforesaid individual are included.

  • P-3 Visa: Artist or Entertainer P-3 visa (Individual or Group). Perform, teach, or coach in a culturally distinct program or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Persons who provide vital services in support of the aforesaid individual are included.

  • R-1 Visa: Temporary Nonimmigrant Religious Workers (R-1) visa To assist foreign nationals in obtaining job in a religious organization in the United States. Only clergy and individuals who work in the religious field are eligible.
    TN Visa: NAFTA Workers TN Visa This visa allows Canadian lawyers, scientists, engineers, and teachers to work in the United States for a limited time.
    O1 Visa: For people with exceptional abilities. Expert expertise in science, business, education, athletics, or art, as well as international reputation for their work, is required for the O1 visa.

How Much Does a EB1 Visa Cost?

The fee for an EB-1 visa comes to $1,045: The USCIS filing fee for Form I-140 is $700, and the Department of State visa processing fee is $345.

What are the requirements for a work visa in the United States?

Before applying for a work visa in the United States, there are three requirements that must be met. If you fail to meet any one of these requirements, your visa application may be denied by the Embassy. You will be unable to travel to the United States and work there as a result of this. The following are the prerequisites:

You have a job offer in the United States.
To be eligible for a work visa, you must have applied for and been accepted into a job position in the United States. This is because your company must provide numerous documents to the US before you can begin your visa application.

US Citizenship and Immigration Services has approved the petition (USCIS)
This means that your company must file a Petition for a Nonimmigrant Worker with USCIS before you may apply for a work visa in the United States. This petition, also known as the I-129 form, is the most significant document you'll need to obtain a work visa. You can begin applying for the visa once USCIS approves your employer's petition. However, even if your petition is approved, the US Embassy does not guarantee that you will be granted a work visa. Even if your USCIS petition is approved, you may be denied a work visa for reasons that are within the Embassy's discretion.

Labor certification approval by the Department of Labor (DOL)

Some work visas, such as the H-1B, H-1B1, H-2A, and H-2B, require your employer to have a Department of Labor certification. Before even submitting the petition with USCIS, your employer should apply for the DOL on your behalf. This certification is required by the US government as confirmation that US firms require overseas labor. They must demonstrate that they are unable to replace those positions with US workers. Furthermore, the certification is required to ensure that temporary foreign workers do not negatively damage job chances for American citizens.

US Work Visa Requirements

You must additionally have the following documents in addition to meeting the three eligibility requirements:

  • Valid passport - your passport must be valid for the period of your stay in the United States as well as six months after you return.

  • Photo for a US visa, which you must upload when completing the online application form.

  • The Receipt Number, which can be found on your employer's approved Petition for a Nonimmigrant Worker (I-129 Form).

  • A confirmation page that your Nonimmigrant Visa Application is complete (DS-160 Form).

  • The receipt that shows you paid the application cost. The application fee for US work visas is $190. There may be additional expenses specific to your area, so check with your local US Embassy for more information.

  • Evidence that you will return to your native country once your work in the United States is completed.

  • With the exception of the H-1B and L visas, this applies to all forms of work visas. The following are some examples of ways you can establish you will return from the United States:

  • Providing information about your financial condition
    Relationships inside your family

  • Any long-term ambitions you may have Residence you intend to return to
    You'll also need a completed I-129S form if you're applying for a L Visa (Nonimmigrant Petition Based on Blanket L Petition). This form should be brought with you to your visa interview.

Aside from these baseline requirements, which apply to everyone applying for a US work visa, you may be required to provide additional papers. For more information, you should contact your local US Embassy.

How can I apply for a work visa in the United States?

If you meet the three prequalifying conditions and have gathered the required documents, you are eligible to begin your application for a US work visa. You can apply by following the procedures below:

  • Print the confirmation page after completing the Online Nonimmigrant Visa Application (Form DS-160): The information you enter into the DS-160 form must all be correct. If you submit any incorrect information, the Embassy will have reason enough to deny you the visa. In addition, the DS-160 form is available in many languages, but your answers must be in English.
     

  • Schedule your interview: Because US embassies receive a large number of applications, you should schedule your interview as soon as you complete all of the requirements. A visa interview is usually not required if you are under the age of 13 or over the age of 80. Interviews are necessary for those aged 14 to 79, but there may be exceptions if you are simply renewing your visa.
     

  • Attend the interview: The US Embassy will use the facts from your interview and the DS-160 form to determine whether or not you should be granted a visa. As a result, it's critical that you arrive at the interview on time, dressed appropriately, and with all of the required paperwork. Furthermore, you should respond to all queries as completely as possible, always providing accurate information. If you provide fake information, visa interviewers are trained to identify it, and they will deny your visa.

  • Complete any remaining procedures: Depending on your area, you may be needed to provide digital fingerprints before, during, or after your interview, as well as pay any additional expenses. If the US Embassy issues you a work visa after the visa processing, you may be required to pay a visa issuance fee. The visa issuance fee is calculated according to your country of origin.

  • What are your responsibilities and rights?: In the United States, the government provides a set of rights to temporary workers. They are free to exercise their rights without fear of being punished if they are violated or exploited. If someone in the US breaches your rights and you report it, your visa will not be revoked, and the government will not be able to force you to return to your home country if your visa is still valid.

    If Homeland Security and other departments approve your entry into the United States, you have the option to apply to extend your stay. You cannot stay in the country after your visa expires unless the Embassy renew your visa. If you stay after your work visa has expired, you may be unable to apply for a new one.

  • You have the option of applying for a visa for your spouse or children in the same category as you.

    • Your spouse and children should apply for an H-4 visa if you have a H visa.

    • Your dependents should apply for an L-2 visa if you have a L visa.

    • Spouses and children of O visa holders should apply for an O-3 visa, spouses and children of P visa holders should apply for a P-4 visa. 

    • Spouses and children of Q visa holders should apply for a Q-3 visa.

What is Labor Conditions Application?

A company that plans to hire a foreign worker must submit a Labor Conditions Application (LCA) or Certification to the US Department of Labor. The LCA allows the company to hire and sponsor personnel who are not US citizens or LPRs.

The LCA states that the employer needs to hire a foreign worker because no American worker is available, qualified, or willing to work in that position.

 

It further stipulates that the foreign worker's salary will be comparable to that of a US worker, and that the foreign worker would not be subjected to discrimination or a hostile working environment.

What is a Petition for Employment?

A US corporation that wishes to sponsor a foreign worker for an employment visa submits an employment petition. The petition is sent to USCIS for processing and includes information about the foreign worker's job, income, and credentials.

 

When a US employer submits an employment petition, the fees for processing and sponsoring the employee must also be paid. They must also attach supporting documents demonstrating that the company can afford to recruit a foreign worker, that all taxes have been paid, and that a Labor Certification Application (LCA) has been acquired from the Department of Labor.

What is a Letter of Employment Authorization?

Nonimmigrant visa holders in the United States are required to get a work permit before they can begin working. An Employment Authorization Document (EAD) is a work permit that can be issued immediately after your visa has been accepted in the United States.

For the duration of your visa, the EAD allows you to work legally in any US company. If you and your spouse both meet the requirements, you can apply for an EAD. You must also apply for a renewal of your EAD when you renew or extend your visa. Visit the EAD article for instructions on how to apply.

How Can we Support You?

We will give a variety of foreign student resources and visa services to assist you in learning everything you need to know about studying in the United States, including exploring university options, degree options, and preparing for visa interviews.

Conclusion

I hope this information was useful. Complex immigration processing can be incredibly complicated and stressful for everyone. Before filing this application, you should seek legal advice from an experienced attorney.

Immigrationservice.com can assist you and will be there for you every step of the journey. Please contact us via phone or email.