US Employment Based Visas

The United States offers several employment-based visa optionsfor foreign workers, professionals, investors, and individuals with extraordinary abilities.

US Employment-Based Visa Categories Overview

Visa Category	Who It’s For	Green Card Pathway?	Processing Time
EB-1 (Priority Workers)	Extraordinary ability, professors, executives	Yes (Immediate)	6-12 months
EB-2 (Advanced Degrees/Exceptional Ability)	Professionals with advanced degrees	Yes (PERM required)	1-3 years
EB-3 (Skilled/Professional Workers)	Skilled workers, professionals, other workers	Yes (PERM required)	2-4 years
EB-4 (Special Immigrants)	Religious workers, broadcasters, others	Yes	1-2 years
EB-5 (Investors)	Investors ($800K-$1.05M)	Yes	5+ years (backlog)
H-1B (Specialty Occupations)	Professionals in specialty fields	Yes (via EB-2/EB-3)	3-6 months
L-1 (Intracompany Transferees)	Managers/executives transferring to US	Yes (via EB-1C)	1-12 months
O-1 (Extraordinary Ability)	Individuals with extraordinary achievements	Yes (via EB-1)	3-6 months

EB-1 Visa: Priority Workers (Fastest Green Card Option)

Three Subcategories:

• EB-1A (Extraordinary Ability) – No job offer required
• EB-1B (Outstanding Professors/Researchers)– Requires job offer
• EB-1C (Multinational Managers/Executives)– Must transfer from foreign company

Key Benefits:

• No PERM Labor Certification required
• Fastest Green Card processing (6-12 months)
• No backlog for most applicants

Eligibility:

• EB-1A: Proof of national/international acclaim (Nobel Prize, major awards, etc.)
• EB-1B: 3+ years of research/teaching experience + job offer from US employer
• EB-1C: Worked abroad for 1+ year in managerial role before US transfer

EB-2 & EB-3 Visas (PERM Labor Certification Required)

EB-2 (Advanced Degrees/Exceptional Ability)

• Requires Master’s degree or higher(or Bachelor’s + 5 years experience)
• National Interest Waiver (NIW)available for some applicants (no job offer needed)

EB-3 (Skilled/Professional Workers)

• Professionals(Bachelor’s degree required)
• Skilled workers(2+ years experience)
• Other workers(non-skilled, limited availability)

PERM Labor Certification Process:

• Employer proves no qualified US workers available
• Recruitment process(job postings, ads)
• DOL approvalbefore filing I-140

Processing Time:

• 2-4 years(due to backlogs)

EB-5 Investor Visa ($800K-$1.05M Investment)

• Minimum investment:800K (TEA) / $1.05M (non-TEA)
• New set-aside visas for rural/high-unemployment areas
• Backlog for Chinese/Indian investors (5+ years)

Requirements:

• Invest in new commercial enterprise
• Create 10+ full-time US jobs
• Prove lawful source of funds

Temporary Work Visas (H-1B, L-1, O-1, TN)

H-1B (Specialty Occupations)

• Annual cap: 85,000 (65K + 20K Master’s exemption)
• Must have Bachelor’s degree or higher
• Employer sponsorship required

L-1 (Intracompany Transferee)

• Must have worked 1+ year abroadbefore transfer
• L-1A (Managers/Executives)Leads to EB-1C Green Card
• L-1B (Specialized Knowledge)No direct Green Card path

O-1 (Extraordinary Ability)

• For scientists, artists, athletes, business professionals
• No annual cap
• Leads to EB-1A Green Card

TN Visa (USMCA Professionals)

• For Canadian/Mexican citizensin listed professions
• No Green Card pathway(must switch to EB visa)

Green Card Process (Adjustment of Status vs. Consular Processing)

Steps to Permanent Residency:

PERM Labor Certification(if EB-2/EB-3)

I-140 Petition(employer files)

Wait for Priority Date(if backlogged)

File I-485 (Adjustment of Status)or Consular Processing