Obtaining permanent residency in the United States through employment-based visas is a viable path for many individuals with specific skills or professional experience. These visas are designed for different profiles depending on the level of specialization, type of work, and other factors. Below, we provide an overview of the main visa categories that can lead to a Green Card. At the end of this article, you’ll find links to detailed information for each EB visa type.
Among the employment-based visas that can lead to permanent residency, we find:
The EB-1 visa is intended for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category is designed for those who have achieved significant accomplishments and are nationally or internationally recognized.
Key eligibility criteria:
• Receipt of major awards such as a Nobel Prize, Grammy, or equivalent.
• Sustained recognition through publications, original contributions, or distinguished leadership.
• Letters of recommendation from experts in the field supporting the applicant’s work.
This process requires thorough documentation that proves your achievements and contributions. A well-prepared application can significantly ease the path toward permanent residency.
The EB-2 visa is aimed at individuals with advanced degrees or exceptional ability in their professional field. In certain cases, it’s possible to request a National Interest Waiver (NIW), which allows applicants to bypass the job offer requirement if they can demonstrate that their work benefits the United States significantly.
Key eligibility criteria:
• Possession of an advanced degree or its equivalent, such as a master’s or doctorate.
• Evidence that your work has a positive impact on U.S. national interest.
• Documentation of achievements, published research, or significant recognition.
Aspect | EB-1 | EB-2 |
Level of Expertise | Highly exclusive (extraordinary ability) | High-level expertise, but less demanding than EB-1 |
Academic Requirement | No advanced degree required, but unique achievements | Advanced degree or exceptional ability required |
Recognition | National and international | National or regional (more flexible) |
Job Offer Requirement | Not always required (EB-1A) | Generally required, unless NIW applies |
Approval Difficulty | More difficult due to strict criteria | Less strict but still requires strong evidence |
This category includes skilled workers with at least two years of experience, professionals with a bachelor’s degree, and some unskilled workers who can perform jobs for which there are no qualified U.S. workers available.
Key eligibility criteria:
• A valid job offer from a U.S. employer.
• Labor certification from the Department of Labor proving that no qualified U.S. workers are available for the position.
The EB-3 visa is ideal for those seeking specific job opportunities with the sponsorship of a U.S. employer.
The EB-4 category is for special immigrants, including religious workers, employees of international organizations, and certain foreign government employees.
Key eligibility criteria:
• Meeting the specific USCIS requirements for this category.
• Providing documentation such as letters from religious organizations or proof of prior employment.
Obtaining a Green Card through an employment-based visa involves multiple steps that must be completed accurately. Here are the most important stages:
1. Employer Sponsorship: In most cases, a U.S. employer must sponsor your application. This includes securing labor certification that demonstrates the need to hire a foreign worker.
2. Filing Form I-140: The employer—or the applicant in certain categories like EB-1 or EB-2 with NIW—must submit Form I-140 with supporting evidence of qualifications and labor certification.
3. Priority Date and Visa Availability: The priority date, set when the I-140 is filed, determines your place in line for a Green Card. The U.S. Department of State’s monthly Visa Bulletin provides updates on availability.
4. Adjustment of Status or Consular Processing: If you’re already in the U.S., you may file for adjustment of status. If abroad, you’ll go through consular processing. Both options require meeting specific requirements and submitting forms.
5. Receiving the Green Card: Once approved, you will receive your Green Card, granting you permanent resident status and certain rights in the United States.
Obtaining permanent residency through an employment-based visa is a complex process that requires preparation, patience, and proper documentation. From extraordinary ability in the EB-1 visa to employer sponsorship under the EB-3 category, each path has specific requirements tailored to different profiles.
At Oasis Legal Group, our team of legal professionals is here to guide you every step of the way. We are committed to helping you identify the right visa and ensuring that your application meets all necessary requirements with confidence and clarity.
Through the following links you will get more detailed information about each of this type of visas:
