To obtain an employment-based visa in the United States, an individual must first have a job offer from a U.S. employer that qualifies under one of the employment-based categories. There are five categories of employment-based visas:
- First preference (EB-1): Priority Workers, such as individuals with extraordinary ability in their field, outstanding professors or researchers, and executives or managers of multinational companies.
- Second preference (EB-2): Professionals with advanced degrees and individuals with exceptional ability in their field.
- Third preference (EB-3): Skilled workers, professionals with bachelor's degrees, and other workers who perform unskilled labor.
- Fourth preference (EB-4): Special immigrants, such as religious workers, certain foreign medical graduates, and certain employees of the U.S. government abroad.
- Fifth preference (EB-5): Immigrant investors who invest at least $1 million in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
The specific qualifications required for each of these categories vary. Employers must follow specific procedures, including filing a labor certification with the U.S. Department of Labor, before they can petition for an employee to obtain an employment-based visa.
There are also limits on the number of employment-based visas available each year, as well as per-country limits, which may affect an individual's ability to obtain a visa in a timely manner.
If an individual is interested in obtaining an employment-based visa, it is advisable to consult with an experienced immigration attorney who can offer guidance on the specific requirements and procedures involved.
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