2. Employment Based
For those who have or will have employment within the U.S. The following apply:
• H-1B visa to Green Card Transfer
Once you have a valid H-1B visa, your employer must file with the U.S. Department of Labor (DOL) for a Permanent Labor Certification (PERM). The employer must prove to the DOL that they could not find a qualified U.S. citizen for the job position. There are multiple steps for the employer to satisfy this criterion, which includes actual attempts to recruit U.S. citizens for the position, and published advertisements for the position targeting U.S. citizens.
• EB-1 visa for Priority Workers. This includes:
o Exceptional academic professors and researchers
o Exceptional managers and executives
o Those with exceptional abilities in business, the arts, sciences, education, or athletics
o If you fall within one of those categories, you must prove to USCIS that you are at the very top of your field, based on meeting specific criteria.
• EB-2 visa for those with advanced degrees or exceptional abilities. This includes:
o Those with extraordinary abilities in art, business, and science.
This is similar to an EB-1, and the requirements are less strict. However, the processing time for an EB-2 can be much longer, you’ll need a PERM certification unless you can prove to USCIS that waiving the requirement would be in the national interest (aka National Interest Waiver), and you’ll need a current or prospective employer to sponsor your application.
o Those with advanced degrees (e.g., Masters or PhD)
o Physicians who will serve in underserved areas in the US.
• EB-3 visa for skilled/professional workers. The processing time can take several years. Like the EB-2, you need a current or prospective employer to sponsor your application. This visa applies to:
o Those with bachelor’s degrees
o Skilled workers with a minimum of two years of experience
o Unskilled workers
• EB-4 visa for special immigrants and religious workers. This employment-based visa applies to:
o Those working for the U.S. government overseas
o Broadcasters
o Iraqi/Afghan translators
o Employees of international non-profit organizations
o Physicians
o Certain active and retired members of armed forces and their spouses and children
• EB-5 visa for investors. This includes:
o Those investors who will create a minimum of 10 full-time jobs in the U.S. and invest at least $500,000 into the U.S. economy