Highlights of Employment-based visas in the US
- Physically present non-citizens in the US need to file Form I-485 to become Green Card holders (Lawful Permanent Residents)
- 140,000 visas are accessible for noncitizens their spouses and children who plan to immigrate based on their job skills
- An individual need to obtain an employment-based immigrant visa to be a Lawful Permanent Resident (LPR) or a Green Card
What is Employment Based Visa?
A person who gets an employment-based immigrant visa will be eligible to get LPR, which is also called a Green Card under an employment-based category.
What forms do we need for getting a Green Card through EB visas?
The non-citizens who are currently staying in the US and are seeking to alter the status of a Lawful Permanent Resident (LPR) must file Form I-485.
Based on the approved or pending petition for an immigrant visa, have to submit an online visa application with Form DS-26 (DOS) after getting the approval of the immigrant petition.
The process begins with applying for an immigrant visa petition filed with USCIS as a noncitizen. For some categories, the process starts with the filing of a permanent labor certification application with the Department of Labor (DOL) of the US.
The immigrant visa petition can be filed by a prospective employer or in some instances by non-citizens on their own behalf.
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5 kinds of employment-based immigrant visa preference categories
Five types of employment-based immigrant visas and their preferences & categories.
|
Types of Employment-Based Visas |
Preference | Labour Certification Requirement | Family of EB-1 Visa Holders |
|
EB-1 |
Extraordinary qualities in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers | No | Spouses and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 |
| EB-2 | Having advanced degrees or for persons with exceptional ability in the arts, sciences, or business | Yes |
Spouses and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status |
| EB-3 | Professionals, skilled workers, and other workers | Yes |
E-34 (spouse of a skilled worker or ‘professional’) or EW-4 (spouse of an 'other worker’), and E-35 (child of a skilled worker or professional) or EW-5 (child of other workers) |
|
EB-4 |
‘Special immigrants’, which includes certain religious workers, employees of US foreign service posts, retired employees of international organizations | No | Few EB-4 classifications allow your spouse and unmarried children under the age of 21 to be admitted to the United States |
| EB-5 | Business investors who invest $1.5 million or $800,000 | No |
NA |
What are the Immigration Visas allocations?
Each FY year, a specific percentage of EB-5 immigrant visas are made available for certain qualified immigrants who invest in specific categories.
|
Specific areas |
Percentage of EB-5 immigrant visas |
| High Unemployment Area |
10% |
|
Infrastructure Projects |
2% |
| Rural Area |
20% |
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