A Comprehensive Guide to Employment-Based Immigration provides in-depth information on the various categories of green card immigrants, including EB-1, EB-5, H-1B, and Investor. Listed below are several of the essential details in this book. In addition to describing these categories, also provides an overview of employment-based immigrant visa and the movement of priority dates.
Table of Contents
EB-1 category
If you’re interested in immigrating to the United States, you may wonder about the immigration requirements for the employment-based immigrant visa category. There are several different types of visas available. You may want to start with the family-sponsored visa, which allows immediate family members such as spouses, parents, and children to immigrate to the U.S. Then, there’s the employer-sponsored visa, used by employers who want to hire foreign workers to work in the United States. This visa form will include all the information about the employee and the reasons for their permanent residency in the United States.
The employer-sponsored category is often restricted, with many sponsoring employees holding certain positions. Others only sponsor those who meet certain criteria, including a bachelor’s degree and five years of increasing responsibility in the field. Other categories, such as the investor-sponsored visa, are best suited for foreign nationals with excellent academic qualifications. To be eligible for a special immigrant visa, you must have a bachelor’s degree.
EB-5 category
If you have enough money to invest in a U.S. company, you may qualify for an EB-5 visa. However, you must prove to USCIS that you can offer a job to a U.S. worker in that job. This requires a labor certification process. Your petition will be denied if you cannot provide the necessary evidence. However, if you have the proper credentials, you can obtain permanent residency without a labor certification.
The EB-5 immigration category involves a process in which you invest up to $1 million in a new commercial enterprise in the United States. You must demonstrate that the new business will create at least ten new full-time jobs in the U.S. economy. The program has many requirements, but you can read more about the eligibility requirements below. The rules are slightly different depending on which Regional Center you apply to.
H-1B category
In the H-1B category of employment-based immigrating visas, employers must prove that the job the foreign worker is applying for does not compete with the jobs of U.S. workers. To prove that, the employer must attest that it cannot find qualified U.S. workers to perform the same position. The employer must also provide housing and transportation to the foreign worker and adhere to various labor and recruitment requirements.
EB-1 visa applicants are highly desirable, as they can begin working immediately after their visas are approved; in addition, EB-1 visas do not require Labor Certification, and priority dates are current. EB-2 employment-based immigrant visas are second-preference categories for foreign nationals with advanced degrees and exceptional abilities. They are also fast-tracked if the individual can prove that their specialty is in the national interest of the United States.