Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

• Worker of extraordinary ability in the arts, business, science, education, or athletics;
• Outstanding University Professor or Researcher; or
• Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.In obtaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

• Advanced Degree Professional
• Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national interest to a substantially greater degree than a similarly qualified, available United States worker would. 

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

• Professionals with a bachelor’s degree;
• Skilled Workers having at least two years of training and experience in a field;
• Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees; 
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary.  Gerald Cipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Gerald Cipolla & Associates for a consultation today.