What are the eligibility criteria for an employment-based visa in the United States?

The United States immigration system offers several types of employment-based visas to foreign nationals seeking employment in the United States. The eligibility criteria for an employment-based visa depend on the category of the visa sought.

EB-1 Visas

EB-1 visas are available for individuals with extraordinary ability in business, science, arts, education or athletics, outstanding professors and researchers, and multinational managers or executives.

• Eligibility criteria - demonstrate sustained national or international acclaim and recognition in their field of expertise, provide evidence of their extraordinary ability or outstanding achievements.
• Examples of evidence - publications, media coverage, prizes or awards, and evidence of their contributions to their field.

EB-2 Visas

EB-2 visas are available for individuals who hold advanced degrees or possess exceptional ability in the sciences, arts, or business.

• Eligibility criteria - have a degree equivalent to a master's degree or higher, or have exceptional ability demonstrated through at least three of the following: a degree of expertise significantly above that normally encountered in their field, recognition for their achievements and contributions, and evidence of their ability to command a high salary.

EB-3 Visas

EB-3 visas are available for skilled workers, professionals, and other workers.

• Skilled workers - demonstrate at least two years of training, experience or education and fill a position that requires skills that are not easily obtainable in the United States.
• Professionals - have a baccalaureate degree or its equivalent, and the position must require such a degree.
• Other workers - fill positions that do not require higher education or specialized training.

In addition to meeting the eligibility criteria for their specific visa category, an individual seeking an employment-based visa must also demonstrate that they will not become a public charge and that they have no disqualifying factors such as a criminal history, prior immigration violations or fraud.

It is important to note that the eligibility criteria for employment-based visas are complex, and each case is unique. Further action, such as consulting with an experienced immigration attorney, may be necessary to ensure that all eligibility requirements are met and the visa application is successful.