Employment Based Immigration in the US in 2024
The United States (US) has long been a sought-after destination for global career opportunities. In fact, nearly 50% of the current Fortune 500 companies were founded by immigrants. According to the National Foundation for American Policy, immigrants have been the driving force behind more than half of the US's startups valued at $1 billion, making them crucial contributors to job creation.
Due to covid and halted processing of family based immigrant visa, two years ago, the US issued over 280,000 EB immigration visas, more than double the typical annual number. Immigrating to the US encompasses two primary avenues: family-based and employment-based. The latter, with its rich history of skilled professionals and innovators, serves to address critical labor shortages and provides a direct path to acquiring permanent residency or green cards in the US. Given the swift rise to approximately 10 million job openings and the pressing labor deficit, the demand for skilled foreign workers continues to escalate.
So, let’s discuss different employment-based immigration options available.
What is Employment-based Immigration?
Employment-based immigration in the United States allows skilled foreign workers to obtain permanent residency on the basis of employment sponsorship. These immigrants play a crucial role in filling gaps in the US labor market and contribute to the country's position as a global economic leader. They generally fill highly skilled positions in technology, academia, healthcare, and hospitality.
There are five employment-based visas that can help individuals transition to a green card. It's important to note that there are 140,000 immigrant visa openings available to noncitizens each fiscal year.
Exploring Employment Based Immigration Visa Types
When it comes to employment-based immigration visas, it's essential to understand the different categories. Here are the five types you should know about:
EB-1 Visa: This category is designed for noncitizens with extraordinary abilities.
EB-2 Visa: Geared towards individuals with exceptional abilities or advanced educational degrees.
EB-3 Visa: This visa is intended for skilled workers and professionals.
EB-4 Visa: Reserved for special cases such as religious workers, US government employees, and more.
EB-5 Visa: Targeting immigrant investors with a specified minimum capital investment.
Each of these visa types serves a unique purpose in facilitating employment-based immigration. Understanding the nuances of these categories is essential for individuals navigating the immigration process.
The EB1-A Visa
EB-1A refers to the Employment-Based First Preference Category for Aliens of Extraordinary Ability in the United States immigration system. It is designed for individuals who have demonstrated extraordinary ability in their field, whether sciences, arts, education, business, or athletics.
To qualify, applicants must provide extensive documentation showcasing sustained national or international acclaim and recognition for their achievements. This category allows individuals to self-petition for a green card without the need for a job offer or labor certification, provided they can prove their extraordinary ability and that their presence in the United States would substantially benefit the nation.
The criteria for EB-1A (Employment-Based First Preference Category for Aliens of Extraordinary Ability) are quite specific and rigorous. Here are the 10 criteria summarized:
Extraordinary Ability: The individual must demonstrate extraordinary ability in sciences, arts, education, business, or athletics, which has been proven through sustained acclaim and recognition.
Nationally or Internationally Recognized Awards: Receipt of awards or prizes of excellence in the field of endeavor, which are widely recognized as significant achievements.
Membership in Associations: Membership in associations in the field for which classification is sought, which require outstanding achievements of their members.
Published Material About the Applicant: Published material in professional or major trade publications or other major media relating to the applicant's work in the field.
Judging the Work of Others: Evidence of the individual's participation, either individually or on a panel, as a judge of the work of others in the same or allied field of specialization.
Original Scientific, Scholarly, Artistic, Athletic, or Business Contributions: Evidence of the individual's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Authorship of Scholarly Articles: Evidence of the individual's authorship of scholarly articles in the field, in professional journals, or other major media.
Display of Work at Artistic Exhibitions or Showcases: Evidence of the display of the individual's work at artistic exhibitions or showcases.
Performance in a Leading or Critical Role for Organizations or Establishments: Evidence of the individual's performance in a leading or critical role for organizations or establishments with a distinguished reputation.
Commercial Success in Performing Arts: Evidence of the individual's commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
These criteria collectively serve to establish that the applicant possesses extraordinary ability and that their presence in the United States will substantially benefit the nation. Meeting these requirements is crucial for successfully petitioning for an EB-1A visa.
The EB-1B visa category
The EB-1B visa category, designated for Outstanding Professors and Researchers, is tailored for individuals internationally recognized as significantly surpassing peers in their academic field. To qualify, applicants must demonstrate a minimum of three years of experience in teaching or research in their specialized academic area and intend to enter the United States to pursue a tenure-track teaching position or a comparable research role at an institution of higher education.
Here are the essential criteria and evidentiary requirements for this category:
Major Awards or Honors: Provide evidence of substantial awards or honors recognizing exceptional achievements in the academic or research field.
Membership in Select Associations: Demonstrate membership in associations that require members to meet rigorous criteria of achievement in the academic or research domain.
Published Works: Document published material about the applicant's academic or research contributions in recognized academic publications.
Judging Experience: Show participation as a judge of the work of others in the same or allied academic or research discipline.
Original Contributions: Present evidence of original scientific or scholarly research contributions of major significance in the applicant's academic field.
These criteria collectively establish the applicant's outstanding status in their academic or research niche and their potential to substantially contribute to higher education or research in the United States. Meeting these benchmarks is essential for a successful EB-1B visa petition, aimed at attracting highly accomplished professors and researchers to institutions of higher learning in the United States.
EB1-C Category
The EB-1C visa category is reserved for Multinational Managers or Executives seeking to enter the United States to continue their employment with a firm or corporation. To qualify, applicants must have been employed by the same employer, an affiliate, or a subsidiary outside the U.S. for at least one of the three preceding years in a managerial or executive capacity. Here’s a structured overview of the essential documentation and requirements:
Company Documentation: Provide documentation establishing the existence and operations of the employing company, including its structure as a multinational enterprise.
Employment in Managerial or Executive Capacity: Submit evidence demonstrating employment in a managerial or executive role, such as job descriptions, organizational charts, and proof of responsibilities.
Continuity of Employment: Confirm continuity of employment abroad with the same employer, an affiliate, or a subsidiary of the multinational organization.
These requirements collectively support the applicant's eligibility as a multinational manager or executive under the EB-1C visa category, ensuring their role in facilitating the ongoing operations and expansion of multinational enterprises in the United States..
EB-2 Visa Category:
Applicants: Professionals Holding Advanced Degrees or Persons of Exceptional Ability.
Requirements: Typically requires a job offer and a Labor Certification unless under National Interest Waiver (NIW).
NIW Eligibility: Must demonstrate exceptional qualifications benefiting the U.S., such as substantial merit and national importance.
Impact: Focuses on benefiting the U.S. economy, cultural interests, educational advancement, or welfare.
EB-3 Visa Category:
Applicants: Skilled Workers, Professionals, and Other Workers.
Labor Certification: Required.
Categories:
Skilled Workers: Need at least two years of professional experience or training and a job that requires such skills.
Professionals: Require at least a U.S. bachelor's degree or its foreign equivalent, plus membership in the intended profession.
Unskilled Workers: Must demonstrate ability to perform unskilled labor that is not seasonal or temporary.
Each EB visa category serves distinct purposes and targets specific types of applicants based on their qualifications and the needs of the U.S. labor market. Understanding these distinctions is crucial for determining eligibility and navigating the immigration process effectively.
The EB-4 visa category
The EB-4 visa category, also known as Special Immigrants, encompasses a diverse range of individuals with unique qualifications or circumstances that merit special consideration for permanent residency in the United States. Here’s an overview of some of the groups included under EB-4:
Religious Workers: Ministers and non-ministers engaged in religious occupations or vocations, including those working in religious organizations or communities.
Broadcasters: Employees of organizations similar to the International Broadcasting Bureau of the Broadcasting Board of Governors, involved in disseminating information to international audiences.
Iraqi or Afghani Translators/Interpreters: Individuals who have worked directly with the United States Armed Forces or under Chief of Mission authority as translators or interpreters in Iraq or Afghanistan.
Iraqi/Afghani Nationals Who Have Provided Faithful and Valuable Service: These individuals must have worked directly with the U.S. Government or the U.S. Armed Forces in Iraq or Afghanistan, performing vital services.
Employees of U.S. Foreign Service Posts: Individuals who have been employed by the U.S. Government abroad in a specific capacity, often involving diplomatic or consular duties.
Retired Employees of International Organizations: Former employees of qualifying international organizations who have retired after significant service.
Juvenile Dependents of Court-Appointed Guardians: Children who have been declared dependent on a juvenile court located in the United States and who need protection.
Certain Physicians: Physicians who have performed medical services in medically underserved areas or VA facilities in the United States for a specific period.
Each subgroup within the EB-4 category has its own set of specific requirements and procedures, typically involving a petition by an employer, organization, or sponsor. These individuals contribute uniquely to U.S. society and may qualify for permanent residency based on their specialized roles or contributions. Understanding these distinctions is essential for determining eligibility and navigating the application process effectively under the EB-4 visa category.
The EB-5 visa program, also known as Immigrant Investors, is designed to encourage foreign investment in the United States economy. Here's an overview of the criteria and objectives of the EB-5 visa category:
Investment Requirement: Applicants must invest a minimum of $800,000 in a commercial enterprise located in a targeted employment area (TEA). TEAs are designated areas with high unemployment rates or rural areas.
Job Creation: The investment must lead to the creation of at least ten full-time jobs for qualified U.S. workers. These jobs must be created directly by the commercial enterprise in which the investment is made.
Types of Investments: Investments can be made in new commercial enterprises or in existing businesses that are restructured or expanded.
Economic Stimulus: The primary goal of the EB-5 program is to stimulate the U.S. economy through capital investment and job creation by foreign investors.
Conditions: Initially, investors receive conditional permanent residency. After approximately two years, they can apply to remove the conditions if they demonstrate that the investment has created the required jobs and met other program requirements.
The EB-5 program provides a pathway for foreign investors and their immediate family members (spouse and unmarried children under 21) to obtain permanent residency in the United States, contingent upon their investment meeting specified economic criteria. This program not only benefits investors but also contributes to economic growth and job creation in the United States
Summarizing What Forms You’ll Need for All Five Types of EB Visas
In conclusion, these are among the most common pathways through which immigrants apply for EB visas in the United States. Each category—EB-1 for individuals of extraordinary ability, EB-2 for professionals and those with exceptional ability, EB-3 for skilled workers and professionals, EB-4 for special immigrants, and EB-5 for immigrant investors—offers distinct opportunities for qualifying individuals to contribute to and benefit from the U.S. economy.
For those navigating the complexities of documentation, understanding refusal letters, interpreting visa bulletins, and more, I offer consultation sessions tailored to ensure a smooth transition through the EB visa application process. Book a consultation to receive personalized guidance and support, ensuring your journey to the United States is both successful and seamless.
