Employment-Based Visas

Employment-Based Immigrant Visas allow foreign professionals to obtain permanent residence in the United States (Green Card) through their skills, academic background, work experience, or exceptional contributions in their field.

EB-1A – Extraordinary Ability

The EB-1A visa is intended for individuals who demonstrate extraordinary ability in the fields of science, arts, education, business, or athletics. Applicants must provide evidence of national or international recognition and significant achievements in their area of expertise.

Main Features:

Self-petition: No job offer in the U.S. is required.
Eligibility: Demonstrate extraordinary ability through specific evidence.
Benefits: Faster process and no need for labor certification (PERM).

Eligibility Criteria:

The applicant must meet at least 3 of the 10 criteria established by USCIS or present evidence of a unique and significant achievement, such as a prestigious international award.

Examples of Evidence:

Nationally or internationally recognized awards.
Publications in prominent media outlets.
Participation as a judge of the work of others.
Original contributions of major significance to the field.
Authorship of scholarly articles in recognized publications.

Recently, USCIS updated its guidelines to make the EB-1A more accessible, especially for professionals in science, technology, engineering, and mathematics (STEM) fields. Now, it is possible to present comparable evidence when the traditional criteria do not directly apply to the applicant’s profession.

EB-1B – Outstanding Professors and Researchers

The EB-1B visa is intended for professors and researchers who have international recognition for their academic and scientific contributions.

Requirements:

Job offer from a higher education institution or research center in the U.S.
At least three years of experience in teaching or research.
Proof of international recognition in the academic field.

Examples of Evidence:

Publications in prestigious academic journals.
Participation as a reviewer or editor in scientific publications.
Original and significant contributions to the field of study.
Awards or recognition for academic excellence.

The EB-1B process does not require labor certification (PERM), which can speed up the processing time.

EB-1C – Multinational Executives and Managers

The EB-1C visa is intended for executives and managers who have been transferred from a foreign company to a branch, subsidiary, or affiliate in the United States.

Requirements:

Have worked as an executive or manager at the foreign company for at least one of the last three years.
The U.S. company must have a direct corporate relationship with the foreign company.
The position in the U.S. must be executive or managerial.

Benefits:

Exemption from labor certification (PERM).
More straightforward process for obtaining the Green Card.

The EB-1C is a common option for multinational companies that wish to transfer strategic leaders to the U.S.

EB-2 – Professionals with Advanced Degree or Exceptional Ability

The EB-2 category (Employment-Based Second Preference) is intended for foreign nationals with an advanced academic degree or who possess exceptional abilities in their professional fields, such as science, medicine, engineering, education, economics, technology, among others.

There are two paths within the EB-2 category:

EB-2 with Advanced Degree
- Professionals with a master’s, doctorate, or equivalent degree.
- Also includes individuals with a bachelor’s degree plus 5 years of proven progressive experience in the field.
- Example: an engineer with a bachelor’s degree and 7 years of continuous experience may qualify.

EB-2 with Exceptional Ability
- Professionals who demonstrate a level of expertise significantly above the average in their field.
- Does not necessarily require an advanced degree, but rather concrete evidence of recognized competence.
- Example: an award-winning designer, an economist with academic publications, or a specialist with proven contributions in the field.

Eligibility Criteria:

To prove exceptional ability, it is necessary to meet at least 3 of the following 7 criteria:

University degree related to the field.
Letters from employers proving 10 years of experience.
Professional license or official certification.
Above-average remuneration, indicating distinguished ability.
Membership in professional organizations.
Recognition for achievements and contributions.
Other comparable evidence (publications, lectures, patents, etc.).

Labor Certification (PERM)

Most EB-2 cases require Labor Certification (PERM), which proves that:

There are no qualified American workers available for the position.
Hiring the foreign national will not adversely affect the wages and working conditions of American workers.

This process must be carried out by the American employer.

EB-2 NIW – National Interest Waiver

The EB-2 NIW is a subcategory of the EB-2, with one essential difference: the applicant does not need a job offer or labor certification (PERM), as long as they can prove that their work is in the national interest of the United States.

What is “National Interest”?

It is the recognition that your work directly benefits the country, whether through its economic, scientific, educational, environmental, or cultural importance.

Who can apply?

Scientists, researchers, doctors, and professors.
Entrepreneurs with innovative startups.
Engineers, technology professionals, data analysts.
Healthcare professionals working in underserved regions.
People involved in projects with social or environmental impact.
Example: A Brazilian biologist conducting research on dengue control obtained a Green Card through EB-2 NIW, without a job offer, due to the impact of her work on U.S. public health.

Eligibility Criteria:

Your project/work has substantial merit and national importance.
Example: technological innovation, public health research, impact on social policies, education for underserved communities.
You are well positioned to advance this proposal.
Demonstrated by degrees, professional experience, recommendation letters, awards, publications.
It is in the interest of the U.S. to waive the job offer and PERM.
In other words, the positive impact of your work justifies your admission without a specific employer.

Common Evidence for EB-2 NIW:

Degrees and certificates in your field.
Recommendation letters from American and international experts.
Articles published in scientific journals or renowned portals.
Participation in recognized projects.
Data and metrics proving concrete results.
Entrepreneurship projects with traction or institutional support.

Features	EB-2 (traditional)	EB-2 NIW
Requires job offer	Yes	No
Requires PERM	Yes	No
Can it be self-requested?	No	Yes
Legal basis	Profession and degree	National Interest
Process time	12–24 months	06 - 12 months (with Premium)

EB-3 – Skilled Workers, Professionals, and Other Workers

The EB-3 visa (Employment-Based Third Preference) is intended for foreign workers seeking permanent residency in the United States based on a formal job offer. It covers everyone from professionals with higher education to workers performing technical or manual functions.

Who can apply:

The EB-3 category is divided into three subgroups:

Skilled Workers

- Must prove at least 2 years of experience or training in the offered occupation.
- The position cannot be temporary or seasonal.
- Example: electricians, maintenance technicians, specialized cooks, welders, etc.

Professionals

- Must have a bachelor’s degree (college degree) or foreign equivalent.
- The degree must be a normal requirement for the position.
- Example: accountants, teachers, IT analysts, engineers.

Unskilled Workers (Other Workers)

- Intended for positions that do not require two years of experience or specialized training.
- The position must be permanent, not seasonal.
- Example: caregivers, farm workers, industrial cleaning helpers, kitchen assistants.

Advantages of EB-3:

✅ Viable option for those who do not have a master’s degree or international recognition but have experience or technical training.

✅ Good alternative for practical workers and early-career professionals.

✅ Allows spouse and children under 21 to obtain a green card as dependents.

Important notes:

The waiting time can be longer, especially for countries with high demand (such as India, Mexico, or the Philippines).
The employer must demonstrate a real commitment to hiring.
Changing employers before the green card is issued may invalidate the process.

EB-4 – Special Immigrants

The EB-4 category is less known but extremely important. It is a visa intended for “Special Immigrants,” which includes people who have provided relevant services to the United States, the American government, or in areas of high social and religious impact.

Who can apply:

The list of eligible applicants is broad, but the main groups are:

1. Religious Workers

Priests, missionaries, nuns, ministers, pastors, and other religious workers who:
- Have been members of a religious denomination for at least 2 years.
- Are coming to the U.S. to work in a nonprofit religious organization.

2. U.S. Government Employees Abroad

Retired employees who worked in American diplomatic or consular missions.

3. Wartime Translators and Interpreters

Professionals who worked with American troops in Iraq or Afghanistan.
Visa granted for services provided in risky situations, assisting U.S. forces.

4. Judges or Prosecutors in Foreign Countries

Those who have collaborated with the U.S. or international institutions.

5. Special Immigrant Juveniles (SIJ)

Foreign minors who have suffered abandonment, abuse, or parental neglect and are under the custody of American juvenile courts.

Advantages of EB-4:

✅ Visa aimed at vulnerable populations or those providing strategic services.

✅ Exemption from some common requirements of traditional visas.
Does not require labor certification (PERM).

✅ Allows for permanent residency and eventual naturalization.

Requirements:

It is necessary to present solid documentation proving the relationship with the special category.
In some cases, the number of EB-4 visas issued annually is limited, which can impact processing times.
Each subcategory has very specific rules, so the assistance of an experienced immigration attorney is advisable.

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