Employment Based Immigration Visas (EB Visas)
Employment based (EB) visas are permanent visas issued to foreign nationals with permanent employment opportunities in the United States. Sponsorship by a United States employer is required. In order for a U.S. employer to sponsor an EB visa immigrant, the employer must go through a multi-step process, including, for most categories of employment based immigration, first obtaining Labor Certification.
There are five categories based on employment skills: EB-1 priority workers (foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics, outstanding professors or researchers and managers and executives subject to international transfer to the United States); EB-2 professionals with advanced degrees or persons with exceptional ability (foreign nationals of exceptional ability in the sciences, arts or business, with advanced professional degrees or qualified alien physicians who will practice medicine in an underserved U.S. area); EB-3 skilled and professional workers (foreign professionals with bachelor’s degrees, skilled workers with a minimum of 2 years training and experience and unskilled workers); EB-4 special immigrants (foreign national religious workers and U.S. government and former U.S. government employees abroad); and EB-5 immigrant investors (qualified individuals seeking engaging in a new commercial enterprise).
The EB-3 visa is the most common employment based immigration visa and may include skilled and unskilled workers such as cooks, construction workers, landscapers, bakers and housekeepers. As stated, the process is multi-stepped. First, an employer must sponsor the prospective immigrant who must satisfy the requirements for an EB-3 skilled, professional or unskilled worker. Second, the employer must obtain Labor Certification (LC). Finally, the employer and employee must submit all the proper forms and accompanying supporting documentation.
Contact San Diego Immigration Attorney Donald R. Oder for a free consultation.