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Employment-Based Immigrant Visas

Whether you're looking for a job in the United States or are looking to invest in a business, you may be interested in applying for an Employment-Based Immigrant Visa. There are several different types of EBIVs, including the EB-1A, EB-2, EB-3, and EB-4. Each of these immigrant visas is designed to facilitate the recruitment and hiring of skilled workers in specific occupations.

EB-1 A

EB-1 A employment-based immigrant visa is a special immigrant visa that is reserved for individuals with extraordinary ability. Applicants in this category need to prove that they have made extraordinary contributions to the field. Applicants must be able to prove that they are coming to the United States to continue advancing their field, whether in academia or the professional world. They will also need to provide evidence that they have a qualified employer in the United States.

Applicants must be able to prove that they have received a national or international award for their achievements. They must also be able to show that they have published material in journals and high profile publications. They must also demonstrate that they have evaluated work for others. They must also prove that they have a position that is equal to or higher than their position in their home country. They may also provide evidence of a high salary.

EB-1 A visas are also available for all countries in the EB-1 preference category. The visa is available to individuals who have been recognized internationally for their outstanding work in an academic field. These individuals may also be eligible for a Pulitzer Prize or an Olympic medal. They can self-petition or they may be sponsored by an employer. The employer will also need to submit a Form I-140, Immigrant Petition for Alien Worker, to USCIS. This is the process that allows for EB-1A applicants to obtain a green card. The applicant may also file concurrently with the green card application.

EB-1 A employment-based immigrant visas can be obtained much more quickly than most US Green Cards. The processing time varies depending on the service center. In some cases, applicants can receive their green card within six months of filing. However, the wait for an EB-1B visa is longer. It is recommended that applicants consider applying for premium processing, which can speed up the processing time.

EB-1 A visas are available for a variety of people. These include researchers, outstanding professors, multinational executives, and other professionals. In some cases, an individual may qualify for EB-1A without an employer. The USCIS will determine whether an individual meets the requirements. Applicants may also qualify based on a single achievement.

Multinational Executives and Managers must demonstrate that they have worked for a US branch of a multinational business for at least one year in the past three years. In certain cases, applicants may need to demonstrate that they have worked for an overseas affiliate for at least three years. In other cases, they may be able to qualify by showing that they have received a job offer from a U.S. branch of a multinational employer. They can also apply for EB-1A visas if they have received a film or television award.


EB-2 is one of the employment-based immigrant visa categories that allow foreign nationals to work legally in the United States. This visa category allows foreign nationals to work for two years, after which time they may apply for citizenship. To qualify, foreign nationals must have exceptional ability in the sciences, arts, or business. They must also be coming to the United States to work full-time in their fields of expertise.

To be eligible for an EB-2 visa, applicants must be sponsored by an employer. Typically, employers will hire an immigration lawyer to help them with their application. An employer must complete a lengthy recruiting process and submit a financial audit to prove that the company can pay its employees a competitive wage. If the employer's financial audit indicates that the company cannot pay its employees a fair wage, the application may be denied.

To be eligible for an EB-2 visa, an applicant must have an exceptional ability in the sciences, arts, or business. Applicants must also have at least five years of progressive post-bachelor's degree experience. Applicants must also have a confirmed job offer from a US employer. If the employer is sponsoring the applicant, the employer must meet certain other requirements.

Employers who are interested in sponsoring an applicant in the EB-2 category must advertise in a major newspaper on two consecutive Sundays. The advertisement must include specific guidelines. Employers must also list the minimum requirements for the position. For example, a minimum of a master's degree is required. Employers can also include an audited financial statement or federal tax returns.

If an employer chooses to sponsor an applicant in the EB-2 category, it is important to remember that the labor certification process can take eight months or more. The Department of Labor (DOL) is very strict in how it handles applications. They do not forgive mistakes and will request additional documents to support a claim. Applicants may also be required to undergo biometrics appointments.

An EB-2 immigrant visa is a highly complex process that requires applicants to meet a wide variety of requirements. In addition to meeting certain basic requirements, applicants must also undergo an in-person interview and provide education credentials. There are also a variety of rules and regulations, which can make the process a confusing one. An immigration attorney can help prospective immigrants avoid costly mistakes.

While there are five types of employment-based immigrant visas, only two of them require labor certification. In fact, a foreign national who meets the requirements for an EB-2 visa can also qualify for a green card, which allows the foreign national to live and work legally in the United States. This is because the EB-2 visa is an employment-based visa, which means that it requires a certain level of experience.


EB-5 Employment-Based Immigrant Visas are available to foreigners who make a significant investment in a business in the United States. The program was created by Congress in 1990 and requires a minimum investment of $500,000. If the investment is successful, the immigrant receives a conditional green card. The visa can be issued to more than a thousand investors annually. The visa process was designed to encourage investment in the United States, create jobs and stimulate the economy.

The program is administered by the Immigration and Naturalization Service (INS). The agency changed the rules to create a more favorable program in 1997. The changes have made it more difficult for foreign investors to get their visas. They also have resulted in thousands of visas being revoked or not issued. Some of the revoked visas were issued to immigrants from China, South Korea and Taiwan. The visa vending program is not without its critics.

INS officials admitted that they had implemented errors that had resulted in a slow start to the program. Several hundred investors were expected to refile their visa petitions under the new guidelines. However, most of the new visas have been suspended. The EB-5 program has also been subject to a recent retrogression in the visa bulletin. The retrogression left many stakeholders surprised.

During the mid-1990s, immigration officials began questioning AIS, an investment company that specialized in pooling together investors to bankroll large projects. The company claimed that they could provide green cards to customers. However, a closer look at their practice revealed that they were simply acquiring green cards for their customers.

In fact, AIS had purchased green cards for hundreds of customers, including a major computer company in California. AIS also bundled more than $100 million in investment for companies across the country. The company claimed that the green cards they were buying were the same as the EB-5 visa. However, the lawsuit contends that INS exceeded its authority by changing the program rules.

AIS is not the only company to have been caught up in the EB-5 scam. Thousands of other investors have suffered from a similar situation. The company claimed that it would be able to get investors a green card in months. The reality, however, was that it took years.

The visa program was designed to get immigrants to invest in high-unemployment areas. In order to receive a green card, the immigrant must create 10 jobs in the United States. Currently, the country has a huge immigrant population and most of them are unskilled workers who are a burden to the economy. The program aimed to help these companies get the capital they needed to grow. It also was intended to be an earn-a-visa system.

The Immigration and Naturalization Service has now backtracked on the EB-5 program, reversing its own rules and freezing most new visas. The agency also has asked lawmakers to change the law so that it can be better interpreted. However, critics say that Congress should show a little more leadership. If Congress cannot get its act together, the solution could come through the courts.