Immigration law provides for five different types of employment visas that can lead directly to permanent residency. These visas differ from non-immigrant visas in that once permanent residency is achieved, the person need not return home and came even become a citizen over time. By contrast non-immigrant visa holders are expected to remain only temporarily in the United States and return to their home country at the end of the visa period. In most cases, applying for permanent residency on the basis of work (as opposed to marriage to a US citizen for example) is not permitted, and technically such an employment based application should be made from abroad, prior to entry as a permanent resident, a process which can take years depending on the waiting times for available visas. There are exceptions for certain kinds of non-immigrant visas, which allow the holder to live and work in the US preliminarily to permanent residency and to apply for it from within the US, without having to wait outside. These are called dual-intent visas, which allow a temporary worker to apply for permanent residency while living and working temporarily in the United States and if successful in obtaining permaent residency, to adjust status to permanent resident without having to return home at all. The most important of these dual-intent visas is the highly sought after H-1B visa.
The immigrant visa categories are arranged by category according to number, from one to five, and are numbered accordingly, following the designation EB.To read more about each EB visa category, activate the link for it below.
This type of immigrant employment visa is available, with or without an offer of employment, to:
The EB-2 Exceptional Ability Visa is available to professionals with advanced degrees or equivalent or exceptional ability in the sciences, arts or business.
Applicants who can demonstrate a connection between the intended employment and the national interest of the United States may qualify for a National Interest Waiver, which can obviate the need to recruit U.S. workers for the position and show none applied or were qualified, as a precondition, which can be a complex, lengthy and costly. procedure.
The EB-3 visa is available to
Only a limited number of EB category visas are authorized world-wide each year. These are distributed by statutory formula. Each country gets a limited number of available visas in a preference category. Any requests which are not filled in one year roll over to the next. Thus, for some countries a EB visa in a particular preference category may be available without any delay while in others it entail many years' wait. A visa must be immediately available to an applicant before a consular interview can be scheduled for someone outside the US or an adjustment of status petition approved for someone inside the US. Thus, in unlucky situations, many years may pass between the time an EB visa is approved by the USCIS, and a visa is actually available for entry purposes, during which time the beneficiary cannot take advantage of the visa authorization, although for certain visas like the H-1B, additional H-1B extensions can often be obtained, even beyond the normal six year H-1B maximum stay, until an immigrant visa is finally available.
The first three EB categories relate to employment as it is ordinarily thought of, and for these, generally, the lower the EB category number, the more speedily a visa may become available for use.
The EB-4 category is reserved to special immigrant visas, which includes a number of unrelated groups such as certain Religious Workers, Broadcasters, Iraqi/Afghan Translators, Iraqis Who Have Assisted the United States, International Organization Employees, Physicians, Armed Forces Members, Panama Canal Zone Employees Retired NATO-6 employees, and Spouses and Children of Deceased NATO-6 employees, Generally, an I-360 approval is a prerequisite to the issuance of the immigrant visa.
The EB-5 visa is reserved for large investments in the US that will generate jobs for US workers, and for that reason only, it is categorized along with other categories of employment for a green card, as the EB-5 beneficiaries themselves do not actually need to work.
At Messing Law Offices, we provide high quality legal services and expertise to families, working men and women, and businesses. If you have a concern in the areas of family based immigration, business based immigration, employment based immigration, or naturalization and you are seeking the help of an experienced immigration lawyer, call Messing Law Offices (520) 512-5432 for professional Arizona immigration attorney assistance.