Employment-Based Immigrant Visas.
The United States offers approximately 140,000 employment-based immigrant visas each fiscal year for qualified applicants. These visas are divided into five preference categories, ranging from persons with extraordinary ability to immigrant investors.
Eligibility & Requirements
The EB Visa Application Process
01
Labor Certification (PERM)
The employer must obtain an approved labor certification from the Department of Labor (DOL), verifying that there are no qualified U.S. workers available for the position.
02
Immigrant Petition (I-140)
The U.S. employer files Form I-140, Petition for Alien Worker, with USCIS. This step demonstrates the intent to hire the foreign national for a permanent position.
03
Priority Date Monitoring
After approval, the applicant must wait for their priority date to become current in the Visa Bulletin, depending on their visa category and country of chargeability.
04
Consular Processing or AOS
If abroad, the applicant undergoes consular processing. If already in the U.S. in a valid status, they may file Form I-485 to adjust status to permanent resident.
05
Final Interview and Issuance
The final step involves a medical exam and an interview at a U.S. embassy or USCIS office. Upon approval, the immigrant visa or green card is issued.
Frequently Asked Questions
Who is eligible for an Employment-Based Immigrant Visa?
Eligibility varies by category, ranging from individuals with extraordinary abilities (EB-1) to professionals with advanced degrees (EB-2) and skilled workers (EB-3). Most categories require a job offer and labor certification.
What is the PERM Labor Certification process?
PERM is a process where the Department of Labor verifies that there are no qualified U.S. workers available for the position and that the employment will not adversely affect the wages of U.S. workers.
How long does the EB visa process take?
Processing times vary significantly based on the visa category and the applicant's country of birth. Some categories may face backlogs documented in the monthly Visa Bulletin.
Can my family accompany me on an EB visa?
Yes, spouses and unmarried children under the age of 21 generally qualify for derivative immigrant status and can apply for visas at the same time as the principal applicant.
What is the difference between EB-1 and EB-2?
EB-1 is for priority workers with extraordinary ability, outstanding researchers, or multinational executives. EB-2 is for professionals with advanced degrees or exceptional ability. EB-1 often bypasses labor certification.
Get in touch with our visa experts.
Have questions about the employment-based immigrant visa process? Our team is here to help you navigate the complexities of category requirements and resource management.