---
title: What are the eligibility requirements for an individual to obtain an employment-based visa in the United States?
description: "\"Legal Faqs explores the eligibility requirements for an employment-based visa in the United States. Learn everything you need to know about securing a visa and starting your career in the US with expert insights from Legal Faqs.\""
image: https://www.legalfaq.ai/hubfs/LegalFAQ/immigration-legalFAQs.jpg
---

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 March 26, 2023

# What are the eligibility requirements for an individual to obtain an employment-based visa in the United States?

![Picture of Chris Battis](https://www.legalfaq.ai/hs-fs/hubfs/battis-mug.jpg?width=50&name=battis-mug.jpg) By  [Chris Battis](https://www.legalfaq.ai/faqs/author/chris-battis)  ·   2 minute read

As a lawyer, I can provide the following legal advice on the eligibility requirements for an individual to obtain an employment-based visa in the United States.

The United States Citizenship and Immigration Services (USCIS) offer several types of employment-based visas to foreign nationals seeking employment in the United States. The eligibility requirements for obtaining an employment-based visa can vary depending on the type of visa sought.

The following is a general overview of the common employment-based visa categories and the eligibility requirements for each:

## EB-1 Visa:

The EB-1 visa category is reserved for individuals with extraordinary ability, outstanding professors or researchers, and multinational managers or executives. The eligibility requirements for each category are as follows:

### Extraordinary Ability:

- The applicant must demonstrate sustained national or international acclaim in their field.
- The applicant must be seeking to enter the United States to continue work in their area of extraordinary ability.
- The applicant must provide evidence of their achievements, such as awards, membership in professional organizations, and media coverage.

### Outstanding Professors or Researchers:

- The applicant must have international recognition for their outstanding achievements in a particular academic field.
- The applicant must have at least three years of experience in teaching or research in the academic field.
- The applicant must be offered a tenured or tenure-track teaching or research position at a university or institution of higher education in the United States.

### Multinational Managers or Executives:

- The applicant must have been employed for at least one year in the past three years by a foreign affiliate, parent, subsidiary, or branch of a U.S. employer.
- The applicant must be coming to the United States to continue their employment with the same employer, its parent, subsidiary, or affiliate.

## EB-2 Visa:

The EB-2 visa category is for individuals with exceptional ability in the sciences, arts, or business, and those with advanced degrees. The eligibility requirements for each category are as follows:

### Exceptional Ability:

- The applicant must have exceptional ability in the sciences, arts, or business that has been demonstrated by sustained national or international acclaim.
- The applicant must be seeking to enter the United States to continue work in their area of exceptional ability.
- The applicant must provide evidence of their achievements, such as awards, membership in professional organizations, and media coverage.

### Advanced Degree:

- The applicant must have an advanced degree or its equivalent.
- The advanced degree must be in a professional field and the applicant must be seeking to enter the United States to continue work in their area of expertise.

## EB-3 Visa:

The EB-3 visa category is for skilled workers, professionals, and other workers. The eligibility requirements are as follows:

### Skilled Workers:

- The applicant must have a job offer from a U.S. employer for a position that requires at least two years of training or experience.
- The applicant must possess the required skills and experience for the position.

### Professionals:

- The applicant must have a job offer from a U.S. employer for a position that requires a bachelor's degree or higher.
- The applicant must possess the required education for the position.

### Other Workers:

- The applicant must have a job offer from a U.S. employer for a position that requires less than two years of training or experience.
- The position must not be seasonal or temporary.

In conclusion, eligibility requirements for employment-based visas in the United States can vary depending on the type of visa sought. It is important for foreign nationals seeking employment-based visas to consult with an experienced immigration attorney to determine their eligibility requirements and navigate the complex immigration process.

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