Employment-Based Immigrant Visas for Work in the USA
Each year, U.S. immigration laws provide about 140,000 employment-based immigrant visas. The U.S. grants these visas to foreign nationals, including skilled workers, entrepreneurs, and professionals with specific expertise, to contribute to the economy.
Are you looking to work in the United States for a specific period of time? Explore the temporary non-immigrant visa category.
Anyone granted a Green Card is authorized to work in the United States. However, it’s important to understand that there are specific Green Cards tied to employment-based visa categories. Your job type and qualifications play a key role in determining your eligibility for one of these visas.
In most cases, employment-based Green Cards require sponsorship from a U.S. employer. Securing approval involves a detailed application process and strong supporting documentation.
To ensure a smooth and fair process, it’s essential to work with experienced employment-based immigration attorneys. At Aguado Immigration Firm, our legal team is here to support you every step of the way. From preparing required documentation to providing strategic guidance, we’re committed to maximizing your chances of a successful outcome.
5 Types of EB Green Cards
For Entering the United States
Are you an overseas employee aspiring to settle permanently in the United States and acquire U.S. citizenship? EB Green Cards are your golden ticket to achieving the dream of becoming a permanent worker.
These visas open doors to a world of opportunities, each tailored to your distinct abilities and work experience. These are the 5 types of visas:
EB-1 Visa: First Preference Category
This category includes people with extraordinary abilities in science, art, education, business, or sports, as well as exceptional professors, researchers, and multinational executives and managers. Under specific qualifications, individuals can self-sponsor in this category. This means they do not require sponsorship from an employer to apply for an EB-1 Green Card. In addition, the EB-1 is in high demand due to its current priority dates.
EB-2 Visa: Second Preference Category
This category is for professionals holding an advanced degree or with exceptional training and abilities. Commonly, EB-2 Visas require an authorized PERM Labor Certification, from the Department of Labor (DOL). An alternative option might be the EB-2 NIW Green Card, where the individual must prove that they are worthy of a National Interest Waiver (NIW) consideration.
The EB-2 NIW is a path to obtain lawful permanent residence status and could serve as a viable option for entrepreneurs.
EB-3 Visa: Third Preference Category
This category is for professionals or other jobs the U.S. Department of Labor asserts don’t have enough American workers. This includes subcategories for skilled workers, professionals, and unskilled workers. For additional information, refer to the chart below. If a job is in this category, the labor certification process is pre-approved.
EB-4 Visa: Fourth Preference Category
EB-4 mainly focuses on religious workers but is also available to other special immigrants, including employees and former U.S. government workers abroad.
EB-5 Visa: Fifth Preference Category
This option is for business investors. They must invest $1.8 million or $900,000 in a targeted employment area.
You must make the investment in a new business. The new business must hire at least 10 full-time American workers. You can learn more about this Investment Visa here.
Close family members of those with EB visas can also apply for a Green Card as a derivative applicant.
Labor Certification
As mentioned earlier, most employment-based visa categories require a job offer from a U.S. employer who agrees to act as the applicant’s sponsor. For certain visa types, the sponsoring employer must first obtain labor certification from the U.S. Department of Labor (DOL). This process—commonly known as PERM labor certification—serves to confirm:
There are no qualified, available, and willing U.S. workers to fill the position at the prevailing wage.
Hiring a foreign worker will not adversely affect the wages or working conditions of similarly employed U.S. workers.
Is your company considering sponsoring a foreign employee? Our experienced employment-based immigration attorneys are here to guide you through the PERM process with clarity and confidence. From compliance to filing, we’ll help you streamline each step and avoid costly delays.
EB Visa Application Process
Securing a Green Card involves two primary pathways, depending on your current location:
For Applicants Outside the United States (Consular Processing):
If you are residing abroad, the Green Card process generally follows these steps:
Initiate the Immigrant Petition: Either you or your U.S. employer (depending on your case type) files the appropriate immigrant petition.
Work with the National Visa Center (NVC): Once USCIS approves your petition, the case is transferred to the NVC. You’ll be required to pay the necessary fees and submit any requested supporting documents.
Attend the Interview and Medical Exam: You’ll attend a scheduled interview at a U.S. embassy or consulate in your country of residence and complete a required medical examination.
Visa Approval and Entry: If your visa is approved, you’ll be allowed to enter the United States as a lawful permanent resident. Your physical Green Card will be mailed to you shortly after arrival.
For Applicants Within the United States:
For most employment-based (EB) Green Card categories, an approved immigrant petition is required before you can apply for permanent residency or adjust your current immigration status. The process generally follows these steps:
Initiate the Immigrant Petition: You or your U.S. employer files the appropriate immigrant petition, based on your case type.
Submit Form I-485: File Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS.
Attend Required Appointments: You’ll attend a scheduled biometrics appointment at an Application Support Center, and if necessary, participate in an interview or submit additional documentation.
Receive a Decision: Upon approval, you will be granted lawful permanent resident status and issued your Green Card.
It’s important to note that the process can vary depending on your specific employment-based category. To avoid delays or costly errors, working with an experienced employment-based immigration attorney can make all the difference in ensuring a smooth and successful application.
I-140 Processing Time 2023
The I-140 petition is a crucial step in your immigration process. It verifies job requirements and the employer’s ability to pay the offered wage for EB Green Card applicants.
Processing times for the I-140 typically take around six months, but this can vary by the service center. Keep in mind that wait times are estimates.
If you’re looking for a faster processing option, USCIS offers premium processing for Form I-140. This speeds up the timeline to just 15 calendar days, but it does come with an additional fee of $1,225.
