Atlanta’s Best Immigration Attorneys

Atlanta’s Best Immigration Attorneys

What should you know about employment-based visas?

On Behalf of | May 9, 2022 | Visas

Some immigrants can seek out visas based on employment. About 140,000 employment-based visas are available each year, and also allow you to bring your spouse and children to this country.

Understanding the different types of employment visas ensures you can submit an accurate application. This guide explains the different categories and their criteria.

What are the employment-based visa categories?

There are five visa categories that immigrants can use to gain residence in the U.S. First Preference EB-1 refers to people who have outstanding talents, abilities, and training. This can include athletes, people in the field of academics, or high-level executives. Second Preference EB-2 applicants include people with advanced degrees or those who show exceptional talents in the arts or sciences.

Third Preference EB-3 is next, and this category refers to skilled workers and other professionals. Fourth Preference EB-4 includes former employees of international organizations who have since retired and those who hold positions in religious organizations. The final category is Fifth Preference EB-5, which includes entrepreneurs who invest a certain amount of money and employ at least ten full-time workers.

What is a labor certification?

Some immigrants will have already received a job offer from a U.S. employer prior to migrating to this country. In this case, the employer will act as your sponsor and can submit forms on your behalf. The employer may also need to acquire labor certification, which verifies that U.S. workers are in short supply and that bringing an immigrant onto the team will not adversely affect U.S. workers. Out of the above visa categories below, labor certification is only required for Second Preference EB-2 and Third Preference EB-3.