Immigrant Visa to Work in U.S.

EB-1 Visa: Employment-Based Priority Workers

The EB-1 visa category is highly competitive, designed for individuals with extraordinary abilities in their field. This visa is particularly advantageous because it often does not require labor certification, resulting in faster processing.

• EB-1A (Extraordinary Ability): For individuals with achievements in areas such as science, arts, or sports. Evidence can include awards, publications, or media coverage. This visa allows self-petitioning, which means applicants do not need an employer sponsor.
• EB-1B (Outstanding Professors and Researchers): Applicants must demonstrate international recognition in their academic field and have at least three years of relevant experience.
• EB-1C (Multinational Managers and Executives): Designed for individuals who have been working for a non-U.S. company in a managerial or executive role for at least one of the last three years. They must be transferring to a U.S. branch or subsidiary.

Case Study: Dr. Sarah Lee, an astrophysicist, received an EB-1A visa based on her publications, awards, and contributions to space exploration research, making her eligible without an employer sponsor.

EB-2 Visa: Professionals with Advanced Degrees or Exceptional Ability

The EB-2 visa is suitable for individuals with advanced degrees or exceptional ability in business, arts, or sciences. The EB-2 visa often requires a job offer and labor certification, though the National Interest Waiver (NIW) allows some applicants to self-petition.

• Advanced Degree Professionals: Requires at least a master’s degree or equivalent experience and a job offer relevant to the individual’s qualifications.
• National Interest Waiver (NIW): Ideal for individuals whose work benefits the U.S. (e.g., doctors working in underserved areas, researchers contributing to significant advancements). The NIW permits self-petition, removing the need for a job offer.

Example: Dr. John Smith, a cancer researcher whose work could benefit public health, was granted an NIW, allowing him to self-petition based on his research contributions.

EB-3 Visa: Skilled Workers, Professionals, and Other Workers

The EB-3 visa is for skilled and unskilled workers with U.S. job offers, typically requiring labor certification to confirm no available U.S. workers for the role. EB-3 is often a longer process due to higher demand.

• Skilled Workers: Individuals with at least two years of experience or training.
• Professionals: Requires a U.S. bachelor’s degree or equivalent, along with a job offer.
• Other Workers: Unskilled workers for positions requiring less than two years of training (e.g., caregiving roles).

Case Study: Maria, a licensed nurse, received an EB-3 visa after securing a job offer in a U.S. hospital that verified her qualifications and filed a labor certification on her behalf.

EB-4 Visa: Special Immigrants

The EB-4 visa serves a range of special immigrant categories, including religious workers, translators, and certain employees of U.S. foreign missions. Each category has unique eligibility criteria.

• Religious Workers: Individuals working for a religious organization in the U.S. as ministers or in similar roles.
• Special Immigrant Juveniles: Minors who have been abused, neglected, or abandoned and cannot reunite with their family.
• Others: Certain broadcasters, international organization employees, and Iraqi/Afghan translators who assisted the U.S. government.

EB-5 Visa: Immigrant Investor Program

The EB-5 visa, also known as the investor visa, requires a substantial financial investment in a U.S. enterprise. The investment amount varies, but typically ranges from $800,000 to $1 million. This visa is popular among entrepreneurs and investors seeking a direct path to U.S. permanent residency.

Investors must create or preserve at least ten jobs for U.S. workers through their business activities.

Example: Rajesh invested $1 million in a tech startup in Silicon Valley, which successfully employed 20 U.S. workers, granting him an EB-5 visa.