What are the eligibility requirements for an employment-based visa in the United States?
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The eligibility requirements for an employment-based visa in the United States vary depending on the type of visa being sought. The following is a general overview of the eligibility requirements for some commonly sought employment-based visas.
H-1B Visa
The H-1B visa is available to workers in specialty occupations that require a minimum of a bachelor’s degree in a specific field. In order to be eligible for an H-1B visa, the applicant must first have a job offer from a U.S. employer. The employer must file a petition on behalf of the applicant and show that the position requires a person with the specialized skills and knowledge of the applicant. Additionally, the applicant must possess the required degree or equivalent work experience, and the employer must offer the prevailing wage for the position.
L-1 Visa
The L-1 visa is available to intracompany transferees who work for a foreign company that has a U.S. branch or subsidiary. In order to be eligible for an L-1 visa, the applicant must have worked for the foreign company for at least one year within the past three years. Additionally, the applicant must be coming to the U.S. to work in a managerial, executive, or specialized knowledge capacity.
EB-1 Visa
The EB-1 visa is available to priority workers who possess extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational executives and managers. In order to be eligible for an EB-1 visa, the applicant must meet specific criteria based on their category. For example, an individual applying as an outstanding professor must show that they have at least three years of experience in teaching or research, and that they are recognized internationally as outstanding in their academic field.
EB-2 Visa
The EB-2 visa is available to workers who possess advanced degrees or exceptional ability in the sciences, arts, or business. In order to be eligible for an EB-2 visa, the applicant must have a job offer from a U.S. employer and possess either an advanced degree or a bachelor’s degree with at least five years of progressive experience in the field.
EB-3 Visa
The EB-3 visa is available to skilled and unskilled workers who have a job offer from a U.S. employer. In order to be eligible for an EB-3 visa, the applicant must possess the necessary education, training, or work experience to perform the job offered, and the employer must offer the prevailing wage for the position.
It is important to note that these eligibility requirements are not exhaustive and may be subject to change. Additionally, there may be limitations or exceptions to eligibility based on specific circumstances or immigration policies. To ensure that an individual meets the eligibility requirements for an employment-based visa, they should consult with a licensed immigration attorney and/or review the U.S. Citizenship and Immigration Services (USCIS) website for current information and requirements.
