4. Employment-Based Immigration Visas
EB1: Priority Workers
The EB1 visa is intended for outstanding international talent in their respective fields, divided into three subcategories:
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EB1(a): Individuals with Extraordinary Ability
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Eligibility: Applicants must demonstrate extraordinary achievements in fields such as science, arts, education, business, or athletics, typically evidenced by international or national awards and honors (e.g., Nobel Prize, Olympic medals).
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Application Benefits: This category does not require employer sponsorship. Applicants can file a self-petition and do not need a Labor Certification, resulting in faster processing.
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EB1(b): Outstanding Professors and Researchers
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Eligibility: Applicants must have internationally recognized academic achievements, at least three years of teaching or research experience, and a permanent position or job offer from a U.S. university or qualifying research institution.
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Application Requirements: Must provide academic publications, research achievements, and recommendation letters from peers. The petition must be filed by the employer.
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EB1(c): Multinational Executives and Managers
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Eligibility: Applicants must have worked in an executive or managerial capacity for at least one year within the past three years at a company outside the U.S. They must be transferred to a related U.S. company, such as a parent, branch, subsidiary, or affiliate.
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Application Requirements: The U.S. employer must file the petition, demonstrating that the company structure and position meet the requirements for multinational executives and managers.
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EB2: Professionals with Advanced Degrees or Exceptional Ability
The EB2 visa is for professionals with a master's degree or higher, or those with a bachelor's degree plus at least five years of relevant work experience. It also applies to individuals with exceptional ability in fields such as science, business, or the arts.
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Labor Certification Requirement: Typically requires a job offer from a U.S. employer and approval through the Department of Labor’s PERM process to demonstrate that no qualified U.S. workers are available for the position.
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National Interest Waiver (NIW): Applicants with significant contributions to U.S. national interests may apply for a waiver of the employer sponsorship and labor certification requirements, allowing them to apply directly for a green card.
EB3: Skilled Workers, Professionals, and Other Workers
The EB3 visa covers the following three categories of applicants:
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Skilled Workers: Must have at least two years of professional training or work experience. The job must not be temporary or seasonal.
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Professionals: Must hold a U.S. equivalent bachelor's degree and work in a field that requires such a degree.
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Other Workers: Applies to unskilled workers who can demonstrate a long-term need for full-time employment.
Application Requirements: Must be sponsored by a U.S. employer and obtain labor certification through the Department of Labor.
EB5: Immigrant Investor Program
The EB5 visa offers a pathway to permanent residency by encouraging foreign investors to create job opportunities in the United States.
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Investment Requirements: Applicants must invest at least $800,000 (in Targeted Employment Areas, TEA) or $1.05 million (in non-TEA areas) into a new commercial enterprise, creating at least 10 full-time jobs.
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Regional Center Program: Applicants may choose to invest through government-designated "Regional Centers," which help meet job creation requirements and simplify the application process.