Five employment-based visas EB-1 to EB-5 to work in the US

Highlights of Employment-based visas in the US

• Physically present non-citizens in the US need to file Form I-485 to become Green Card holders (Lawful Permanent Residents)
• 140,000 visas are accessible for noncitizens their spouses and children who plan to immigrate based on their job skills
• An individual need to obtain an employment-based immigrant visa to be a Lawful Permanent Resident (LPR) or a Green Card

What is Employment Based Visa?

A person who gets an employment-based immigrant visa will be eligible to get LPR, which is also called a Green Card under an employment-based category.

What forms do we need for getting a Green Card through EB visas?

The non-citizens who are currently staying in the US and are seeking to alter the status of a Lawful Permanent Resident (LPR) must file Form I-485.

Based on the approved or pending petition for an immigrant visa, have to submit an online visa application with Form DS-26 (DOS) after getting the approval of the immigrant petition.

The process begins with applying for an immigrant visa petition filed with USCIS as a noncitizen. For some categories, the process starts with the filing of a permanent labor certification application with the Department of Labor (DOL) of the US.

The immigrant visa petition can be filed by a prospective employer or in some instances by non-citizens on their own behalf.

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5 kinds of employment-based immigrant visa preference categories

Five types of employment-based immigrant visas and their preferences & categories.

Types of Employment-Based Visas	Preference	Labour Certification Requirement	Family of EB-1 Visa Holders
EB-1	Extraordinary qualities in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers	No	Spouses and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15
EB-2	Having advanced degrees or for persons with exceptional ability in the arts, sciences, or business	Yes	Spouses and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status
EB-3	Professionals, skilled workers, and other workers	Yes	E-34 (spouse of a skilled worker or ‘professional’) or EW-4 (spouse of an 'other worker’), and E-35 (child of a skilled worker or professional) or EW-5 (child of other workers)
EB-4	‘Special immigrants’, which includes certain religious workers, employees of US foreign service posts, retired employees of international organizations	No	Few EB-4 classifications allow your spouse and unmarried children under the age of 21 to be admitted to the United States
EB-5	Business investors who invest $1.5 million or $800,000	No	NA

What are the Immigration Visas allocations?

Each FY year, a specific percentage of EB-5 immigrant visas are made available for certain qualified immigrants who invest in specific categories.

Specific areas	Percentage of EB-5 immigrant visas
High Unemployment Area	10%
Infrastructure Projects	2%
Rural Area	20%

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