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Permanent(Immigrant) Employment Visa
Filing Permanent(Immigrant) Employment Visa using Helplegal Forms requires the following Fees:
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Temporary(Non-Immigrant) Employment Visa
Filing Temporary(Non-Immigrant) Employment Visa using Helplegal Forms requires the following Fees:
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- USCIS Fees : $(subject to change)
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What Is Employment Visa?
An employment-based visa in the U States allows foreign nationals to enter or remain in the U.S. for the purpose of working. These visas are typically issued to individuals with specific skills, qualifications, or job offers from U.S. employers. There are several types of employment-based visas, each serving different purposes depending on the applicant’s qualifications and the job position. Employment-based visas fall into five main preference categories (EB-1 to EB-5), each with different requirements and pathways to permanent residency (green card).
Employment Visa Categories
Employment visas in the U.S. are granted to foreign nationals who wish to work temporarily or permanently in the United States. These visas can be divided into two broad categories: Temporary (non-immigrant) visas and Permanent (immigrant) visas. Each category serves different purposes and has specific eligibility requirements.
- Permanent (Immigrant) Employment Visas : These visas lead to permanent residency (Green Cards) in the U.S. Applicants are generally sponsored by U.S. employers and must meet specific criteria, such as extraordinary ability or professional qualifications.
- Temporary (Non-Immigrant) Employment Visas : These visas allow foreign nationals to work in the U.S. for a specific period. After that, they must leave the U.S. unless they adjust their status or extend their stay.
Points to Remember:
- The form must be filed by a U.S. citizen or a Lawful Permanent Resident (LPR) who is willing to support an individual (parole applicant) coming to the U.S. under a humanitarian parole program.
- The beneficiary is the person seeking entry into the U.S., and they do not file the I-134A; the sponsor (supporter) must submit it on their behalf.
- Permanent(Immigrant)Employment Visas:
- EB-1(First Preference)
- EB-2(Second Preference)
- EB-3(Third Preference)
- EB-4(Fourth Preference)
- EB-5 (Fifth Preference)
- Temporary(Non-Immigrant)Employment Visas:
- H1-B Visa
- L1-Visa
- O-1 Visa
- TN Visa
Permanent(Immigrant) Employment Visa
Permanent Visa (Immigrant Visa)
EB-1 Visa
The EB-1 visa is an employment-based, first-preference visa that is designed for individuals who possess extraordinary abilities, are outstanding professors or researchers, or are multinational executives or managers. Each of these three categories has specific criteria that must be met to qualify for the visa. Here’s a breakdown of each category within the EB-1 visa:
- EB-1A: Extraordinary Ability
- For individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must demonstrate national or international acclaim (e.g., major awards like a Nobel Prize or other significant achievements in their field).
- No job offer or labor certification is required, but the individual must intend to continue working in their field of expertise.
- EB-1B: Extraordinary Ability
- For outstanding professors and researchers. Applicants must demonstrate internationally recognized accomplishments in their academic field.
- EB-1C: Extraordinary Ability
- For multinational executives or managers who have been employed by the same employer abroad in a managerial or executive capacity for at least one year. These individuals are transferred to a U.S. affiliate, subsidiary, or parent company.
EB-2 Visa
The EB-2 Visa is an employment-based immigrant visa category that allows foreign nationals to obtain permanent residency (a green card) in the United States. It is specifically for individuals who possess advanced degrees or have exceptional ability in their field.
The EB-2 visa is one of the primary pathways for highly skilled professionals and individuals with specialized expertise to live and work permanently in the U.S:
EB-2 Categories
- EB-2A: Advanced Degree Professionals This category is for individuals who hold an advanced degree (a Master’s degree or higher) or its equivalent. Alternatively, the applicant must have a bachelor’s degree and 5 years of progressive work experience in the field.
- EB-2B: Individuals with Exceptional AbilityThis category is for individuals who demonstrate exceptional ability in one of the following fields:Sciences,Arts,Business,Education and Health.
Exceptional Ability means a degree of expertise significantly above that ordinarily encountered in the field. An individual does not need to have an advanced degree to qualify, but they must prove their extraordinary abilities through documentation.
Permanent Visa (Immigrant) Benefits:
- Grants Lawful Permanent Residency (green card)
- Allows the individual to live, work and travel freely within the U.S.
- Opens a pathway to U.S. Citizenship after 5 years
Key Notes
- No labor certification required for EB-1A and EB-1C applicants.
- Employer Sponsorship: Required for EB-1B and EB-1C.
EB-2 Visa Notes
Criteria for proving exceptional ability
The applicant must meet at least three of the following:
- Official academic record showing a degree in the field of expertise.
- Letters documenting at least 10 years of full-time experience in the field.
- Evidence of membership in professional associations.
- Recognition of achievements or significant contributions to the field.
- Proof of a high salary or remuneration for services.
- Other comparable evidence of exceptional ability.
Benefits
- Permanent Residency: Successful applicants can obtain a green card, allowing them to live and work permanently in the U.S.
- Family: The EB-2 visa also allows spouses and unmarried children under the age of 21 to apply for green cards as derivatives.
EB-3 Visa
The EB-3 visa is a U.S. employment-based immigrant visa category designed for foreign nationals who wish to obtain permanent residency (a green card) through employment. It is part of the third preference category in the U.S. immigration system and is intended for workers in specific job types who may not qualify for the higher EB-1 or EB-2 categories: The EB-3 visa is specifically for individuals who are seeking to work in the United States in one of the following three subcategories:
- EB-3A (Skilled Workers): For workers with at least two years of training or experience in a skilled job.
- EB-3B (Professionals): For individuals with a U.S. bachelor’s degree (or its foreign equivalent) and who are seeking to work in a professional occupation that requires a degree.
- EB-3C (Other Workers): For unskilled workers performing jobs that require less than two years of training or experience, such as certain types of manual labor.
Eligibility Requirements
- A valid job offer from a U.S. employer for a permanent, full-time position.
- Depending on the subcategory, the applicant must have at least two years of experience (skilled workers), a bachelor’s degree (professionals), or less than two years of training/experience (unskilled workers).
- The employer must obtain labor certification from the U.S. Department of Labor, demonstrating that no qualified U.S. workers are available for the position.
- The applicant must have an approved I-140 petition filed by the employer and wait for the priority date to become current before applying for adjustment of status or consular processing.
The EB-3 visa provides a pathway for skilled, professional, and unskilled workers to become U.S. permanent residents based on their employment qualifications. However, applicants should be prepared for potential waiting periods due to country-specific visa backlogs.
EB-4 Visa
The EB-4 visa is a U.S. immigrant visa category for special immigrants who are eligible to apply for permanent residency (a Green Card) in the United States. This category is designed for a variety of foreign nationals who fall into specific, more narrowly defined groups and have special eligibility criteria that set them apart from other employment-based visa categories.
EB-4 Categories
- Religious Workers (EB-4A) This subcategory is for religious workers who are coming to the U.S. to work for a religious organization in a religious capacity.
- Special Immigrants – Afghan/Iraqi Translators (EB-4B)This category is for Afghan or Iraqi nationals who have worked as translators or interpreters for the U.S. government, military, or its contractors in Afghanistan or Iraq.
- Special Immigrants – Certain Employees of the U.S. Government Abroad (EB-4C):This subcategory applies to individuals who were employed by the U.S. government abroad, such as at U.S. embassies or consulates, or by other U.S. government-affiliated organizations in foreign countries.
- Special Immigrants – Certain International Organization Employees (EB-4D):This category is for employees of international organizations, such as the United Nations, the World Bank, or the International Monetary Fund, who have been employed abroad for at least one year.
- Special Immigrants – Juvenile Court Dependency (EB-4E):This subcategory is for juveniles who are in the custody of a U.S. court and have been declared a dependent by the court.
- Other Special Immigrants (EB-4F and EB-4G):These subcategories include other more specific groups of foreign nationals, such as certain former U.S. government employees who served abroad in U.S. embassies or consulates, and specific individuals who meet particular criteria based on U.S. law.
EB-3 Visa Benefits:
- Permanent Residency:Successful EB-3 applicants receive a U.S. green card, granting them permanent resident status in the U.S., allowing them to live and work in the country.
- Family Members:Spouses and children under 21 can also apply for permanent residency as dependents under the EB-3 visa.
- Path to Citizenship:After holding permanent resident status for five years, an individual can apply for U.S. citizenship through naturalization.
Key Challenges and Considerations
- Backlogs: Due to annual caps and high demand, there can be significant waiting times for applicants from countries with high demand (especially India and China), leading to backlogs in the EB-3 category.
- Job Offer Requirement: Unlike some other visa categories (e.g., EB-2 National Interest Waiver), the EB-3 visa generally requires a permanent job offer from a U.S. employer. This can make the process more dependent on the employer’s willingness to sponsor and the availability of jobs.
EB-4 Visa Benefits:
- Permanent Residency: Successful applicants receive a green card, allowing them to live and work permanently in the U.S.
- Family Members: Spouses and children under 21 can be included as dependents on the same petition and obtain permanent residency.
- Path to U.S. Citizenship: After five years of holding a green card, EB-4 visa holders can apply for U.S. citizenship through naturalization.
- Backlogs: Due to annual caps and high demand, there can be significant waiting times for applicants from countries with high demand (especially India and China), leading to backlogs in the EB-3 category.
- Job Offer Requirement: Unlike some other visa categories (e.g., EB-2 National Interest Waiver), the EB-3 visa generally requires a permanent job offer from a U.S. employer. This can make the process more dependent on the employer’s willingness to sponsor and the availability of jobs.
Temporary (Non-Immigrant)Visa
H1-B Visa
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialized occupations. These occupations typically require a higher level of education or expertise, such as in fields like technology, engineering, medicine, finance, or academia. The H-1B visa is popular among tech companies and other industries that rely on highly skilled workers from abroad.
H1-B is a Employer Sponsorship Visa.An H-1B visa holder must be sponsored by an employer. The employee cannot apply for an H-1B on their own.
Annual Cap : There is a cap on the number of new H-1B visas issued each year.
- The regular cap is set at 65,000 visas, with an additional 20,000 available for individuals with a U.S. master’s degree or higher..
- Certain employers (e.g., universities, non-profit organizations,Government research organizations) may be exempt from the cap.
If the number of applications exceeds the cap, USCIS uses a lottery system to randomly select applications for processing.
Duration of Stay
- The initial duration of stay on an H-1B visa is typically 3 years.
- It can be extended for up to 6 years in total.
- If the individual is in the process of applying for a Green Card, extensions beyond the 6-year limit are possible.
After 6 years, the visa holder must either leave the U.S. or apply for a different visa status (e.g., a Green Card).
Eligibility Criteria for H1-B Visa:
- Job Requirements: The position must require a bachelor’s degree or higher in a related field. The job must involve tasks that require specialized knowledge and skills.
- Educational Requirements: The applicant must have at least a bachelor’s degree (or equivalent) in a field related to the occupation. Foreign degrees are generally accepted if they are equivalent to a U.S. degree. If an applicant’s degree is from outside the U.S., a credential evaluation may be required.
- Employer-Specific: The visa is tied to a specific employer. The individual can only work for the sponsoring employer in the role outlined in the petition.
L-1 Visa
The L-1 visa is a non-immigrant visa category that allows multinational companies to transfer employees from their foreign offices to their U.S. offices. It’s primarily used by companies that operate in multiple countries and wish to bring foreign workers to the U.S. to work in managerial, executive, or specialized knowledge roles. There are two main types of L-1 visas:
- L-1A (for executives and managers)
- L-1B (for employees with specialized knowledge).
L-1A Visa (Managers and Executives):
- Who It’s For: The L-1A visa is for employees in managerial or executive positions.
- Duration:The L-1A visa is initially granted for up to 1 year for new businesses or 3 years for established businesses. It can be extended in increments of up to 2 years, with a maximum stay of 7 years.
- Green Card Pathway:L-1A visa holders can apply for a Green Card under the EB-1C category (Multinational Manager or Executive), which does not require a labor certification and often has faster processing times.
L-1B Visa (Managers and Executives):
- Who It’s For: The L-1B visa is for employees with specialized knowledge about the company’s products, services, or procedures. This typically involves highly technical, proprietary, or complex knowledge that is essential to the company’s operations.
- Duration:The L-1B visa is initially granted for 3 years. It can be extended up to a maximum of 5 years
- Green Card Pathway:L-1B visa holders can apply for a Green Card under the EB-2 or EB-3 categories (depending on the job and qualifications). However, L-1B visa holders generally face a longer wait time for a Green Card compared to L-1A holders.
Eligibility Criteria for H1-B Visa:
- Job Requirements: The position must require a bachelor’s degree or higher in a related field. The job must involve tasks that require specialized knowledge and skills.
- Educational Requirements: The applicant must have at least a bachelor’s degree (or equivalent) in a field related to the occupation. Foreign degrees are generally accepted if they are equivalent to a U.S. degree. If an applicant’s degree is from outside the U.S., a credential evaluation may be required.
- Employer-Specific: The visa is tied to a specific employer. The individual can only work for the sponsoring employer in the role outlined in the petition.
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