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The EB1 visa is the first category in the employment-based immigration visas. EB1 gives the opportunity to people who have great academic or work achievements to immigrate to the U.S permanently.
The person who can prove that they have these achievements can live and work in the U.S afterward. They can obtain U.S documents such as a driver’s license, own property, continue their education, as well as get married and have children.
Based on the various achievements that people can have, the U.S government has divided the EB1 visa into three sub-categories:
- People with extraordinary abilities in arts, science, education, athletics, and business. The achievements of these people must be extensive and/or internationally recognized and they do not need an employment offer to apply for the EB1 visa.
- Outstanding professors and researchers who have received international recognition for their contributions in their fields. The professors and researchers must have at least 3 years of experience in research or teaching and they must prove that they are coming to the U.S to continue advancing their field in a research or teaching position in a university.
- Multinational managers or executives who have been working for an international branch of a U.S company for at least 1 year in the past 3 years. They must be applying for the EB1 visa to continue working for that company and their position in the U.S must match or be higher than the one they had in a foreign country.
Based on the three sub-categories of the EB1 visa, there are various requirements that applicants must meet.
Standard EB1 eligibility criteria
To qualify for the EB1 green card category, you must prove that you meet at least 3 of the criteria below:
- Have received a national or international price/award for their achievements and excellence.
- Be a member of an association for their field which continuously asks for advancements from their members.
- Have published papers or research in your field which has been recognized in journals or the media.
- Be asked to evaluate the work of other people either as an individual or in a panel.
- Contribution in your field in a scholarly, scientific, artistic, athletic, or business-related in a significant way.
- Have written articles that have been published in trade publications or major media.
- Have your work featured in exhibitions or other showcases.
- Evidence that you have performed a crucial role in a distinguished organization.
- Receive a high salary and you are expected to be paid significantly as compared to others in your field.
Be the recipient of commercial success in performing arts.
EB1 eligibility criteria for Professors and Researchers
For the Professor or Researcher category, you must meet 2 of the criteria below and have an offer from a U.S employer.
- Be the recipient of awards/prizes for your achievements.
- Be a member of an association for their field which continuously asks for advancements from their members.
- Proof that others have written and published material about your work and achievements in your field.
- Evidence that you were asked to evaluate the work of other people either as an individual or in a panel
- Be an author of scholarly or scientific contributions in your field.
- Have written and published articles or books international trade journals in your field.
EB1 Eligibility Criteria for Multinational Managers
Finally, to qualify for the Multinational Manager or Executive EB1 visa, you must have a valid job offer from the company which has had a branch or subsidiary in the foreign country, and you were employed or worked with them.
The EB2 visa is a green card option available to those with exceptional ability or advanced degrees. There are three categories under EB2. The EB2-A category is for those who hold advanced degrees. The EB2-B category is for those with exceptional ability. The EB2-C category is for people for whom their permanent residence it is in the national interest of the United States. The EB2 visa is a second preference employment visa. Unlike other visas such as the H-1B where you must apply on a specific date, you can apply for an EB2 visa at any time.
The EB2 visa allows qualified individuals to gain legal permanent residence in the United States. Having permanent residence in the United States gives you many benefits. Some of these benefits include in-state college tuition, easier travel, and more stability in your immigration status. It also puts you on the track for potential US citizenship. The EB2 visa is the fastest path to permanent residency for many people.
Your spouse is eligible for E-21 status and your unmarried children under 21 are eligible for E-22 status. Your children are eligible to attend school and your spouse, after completing the Employment Authorization Documents, is eligible to work in the United States.
- This requires that you have a master’s degree or above. If you have only a bachelor’s degree, you must have at least 5 years of work experience in progressively more difficult positions.
- You must have a valid job offer from a US company willing to sponsor you.
- The job must be in the same field as your academic/professional experience.
- You must have a valid job offer from a US company willing to sponsor you.
- The duties of the job must involve the area where you have exceptional ability.
EB2B category:
- You must have exceptional ability. This can be in the sciences, arts, or business. This is shown by meeting at least three of the following requirements:
- An academic degree in the field
- 10 years of full-time experience in the field
- License or certificate to practice in the field
- A salary suggestive of exceptional ability
- Membership in a professional association related to the field
- Recognition in the field from experts
- Other comparable evidence of exceptional ability
EB2C category:
- You must meet three of the following requirements:
- An academic degree in the field
- 10 years of full-time experience in the field
- License or certificate to practice in the field
- A salary suggestive of exceptional ability
- Membership in a professional association related to the field
- Recognition in the field from experts
- Other comparable evidence of exceptional ability
- This means that you must have the capability to benefit the United States if you were granted an EB2 visa. Unlike the EB2-A and EB2-B visas, you do not need to have a valid job offer. In addition, unlike the other two, you do not need a sponsor. You can file a petition on your own behalf for an EB2-C visa. This also means that you do not need to fill out the PERM labor certification.
The EB3 visa grants permanent residency (a green card) to qualified individuals. You may be eligible for an EB3 visa if you a skilled workers, unskilled worker, or professional. You can submit an EB3 visa application at any time. The EB3 visa, like most green cards, is valid for 10 years. You can renew the visa if needed at that point. Please contact us by email to help you with the details! Send us an email to info@visatoamerica.com or send us a message in our live chat.
The EB3 visa gives qualified individuals permanent resident status in the United States. There are many benefits to being a permanent resident. Some of these include having the ability to change employers and to travel more freely.
The EB3 visa has less strict requirements than either the EB1 or the EB2 visas. This means that some people who may not qualify for these other visas may be eligible for the EB3 visa.
Under the EB3 visa, your spouse and any dependent children can come with you. Dependent children are any unmarried children of yours under the age of 21. While in the United States, your children can attend school and your spouse, after completing their Employment Authorization Documents or obtaining their green card, can work.
The EB3 visa is open to professionals, skilled workers, and unskilled workers. Professionals are those with a bachelor’s degree or equivalent who will be working in a job where a bachelor’s degree is the norm. You may not use experience or other education as a substitute for this degree. Skilled workers are those with at least 2 years of job training or experience. Unskilled workers are those performing jobs that require less than 2 years of training. Additionally, these jobs must be permanent in nature.
In order for your EB3 visa to be approved, you must not hurt any American workers. This means that you cannot take a job that an American worker could and would do. For this reason, you must have an approved labor certification to prove you meet this qualification.
A US employer willing to sponsor the beneficiary must have extended a valid job offer to the foreign national. The US employer must be able to prove there are no American workers who could and would do the job. This is shown through the labor certification. The US employer must have a valid employer-employee relationship with the beneficiary. This means that the employer must be able to pay and supervise the beneficiary.