The literal meaning of EB is employment-based, and the number following it means your preference of each category: EB-1 is known as the first preference employment-based green card. EB-2 is known as the second preference employment-based green card.
What documents do I need for an EB1 visa?
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
Who qualifies for EB-2 employment visa?
The three categories for EB-2 eligibility are foreigners with:
- An advanced degree in art, business, or science or a foreign equivalent degree
- Exceptional ability in the sciences, arts, or business or international recognition
- A National Interest Waiver, proving that their work has the ability to benefit the United States
Can I apply for EB1 from outside USA?
To qualify, one must have been employed outside the U.S. for at least one year within the past three years as a manger or executive by an organization related to the U.S. company sponsoring the foreign national. Further, the person must be coming to work for the related U.S. entity in a managerial or executive capacity.
Do I qualify for EB1?
To qualify for the EB1 green card category, you must prove that you meet at least 3 of the criteria below: Have received a national or international price/award for their achievements and excellence. Be a member of an association for their field which continuously asks for advancements from their members.
Who qualifies for an EB-1 visa?
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Who is eligible for EB2 visa?
The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
What is the difference between EB-1 EB2 and EB3?
Differences. One of the main differences between the EB2 and EB3 visa has to do with the education and experience required to qualify under each cateogry. As previously mentioned, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa.
What is EB2 visa?
The EB2 visa is a powerful immigration option for people with exceptional ability or advanced degrees. Through the EB2 visa you can obtain a U.S. green card (permanent residence) based on having a job offer from a U.S. company.
How much does EB2 cost?
EB2 Visa Fees There are different fees you will have to pay when applying for the EB2 visa. The I-140 filing fee is $700, and you may also pay an $85 biometrics fee. The I-485 filing fee depends on the applicant's age. Usually, the price is between $750-$1,140.
Is EB2 visa hard to get?
How Do I Qualify For an EB-2 Visa with Exceptional Ability? Applicants in this category must prove exceptional ability. That means you are better than most people in the field of sciences, arts or business. You must also have at least 10 years' experience working in your field and a confirmed US job offer.
How do you qualify for EB-1 EB2?
You will need international recognition in the particular academic field in order to qualify. Or you must have been offered some research position or tenure without a fixed term. Another requirement would be having at least three years of experience in researching or teaching in the specific field you've chosen.
How long does EB-1 green card take?
about 8 monthsGenerally, the government processing time for the EB-1 Visa is about 8 months. Once the EB-1 has been approved, the government takes about 6 months to issue permanent residence. These times are only available if the EB-1 category is current. Applicants can check category status at the DOS Visa Bulletin.
What is EB-1 category for green card?
What are EB-1 Visas? The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. Evidence proving extraordinary is by "sustained national or international acclaim."
Is EB1 faster than EB2?
In general, the EB-1 green card processing time is much faster than the EB-2 wait time for most applicants. There are two reasons for that: EB-1 Green Card does not require PERM certification, resulting in a significant reduction in EB1 processing time. All of the chargeability countries have current priority dates.
Does EB2 require job offer?
Generally, an EB2 visa or other employment- based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.
Can EB2 get green card?
The EB2 green card applicant (and he or her derivative family members) are granted conditional permanent resident Green Cards for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB2 green card (immigrant visa).
Can I apply for EB2 myself?
The EB-2 NIW applicants can also self-petition, which means they do not need an employer to sponsor them. They can file Form I-140, Petition for Alien Worker on their own behalf.
How can I get EB2 green card?
To receive an EB2 visa, you must complete a PERM labor certification (unless you are in the national waiver category), a immigrant petition, and apply for an immigrant visa or adjustment of status.
How do I apply for EB2?
To apply for an EB-2 visa, the applicant will first need to file Form I-140 (officially called the “Immigrant Petition for Alien Worker”). The NIW allows the applicant to file this petition on their own behalf — without a job offer and without first acquiring a permanent labor (PERM) certification.
Is EB2 faster than EB3?
Assuming, EB3 moves at a faster rate than EB2 India, you downgrade from EB2 to EB3 and file i485 along with 140. Now, in the future EB2 India moves faster than EB3 India and you have approved 140 and EAD from EB3.
What is an EB-1 visa?
The EB-1 visa is a highly-prestigious employment-based visa option. Covering a broad range of potential applicants, it is broken down into the following subcategories:
How many EB visas are issued annually?
EB category is an incredibly popular method of immigrating to the United States. As a matter of fact, it’s grown so popular that around 40,000 EB-1 visas are issued each year, around 40,000 EB-2 visas are issued annually, around 40,000 EB-3 visas are issued annually, about 10,000 EB-4 visas are issued per year and around 10,000 EB-5 visas are issued per year, according to Senate RPC.
When is the priority date for a visa?
Setting Priority Dates - When USCIS receives an employment-based visa petition, this date is established as the priority date. The Department of State releases monthly visa bulletins with final action dates for each type of visa, based on country. A visa becomes available when the final action date in your category matches your priority date.
How many phases are there in the EB-1 process?
The EB-1 process is broken into three main phases:
What is an EB-1C?
EB-1C: For managers and executives of multinational companies.
Do you have to have a petition for an EB-2 visa?
Many applicants in the EB-2 visa program must have their petitions submitted by a sponsoring U.S. employer. Luckily, the National Interest Waiver (NIW) was designed to let EB-2 applicants waive the need for a U.S. employer.
What is the EB1 green card?
The EB1 green card is typically used for distinguished experts and individuals with top achievements, outstanding professors and researchers, and multinational managers. This green card category is the most difficult to satisfy (requirements are at the highest level), but it is also the fastest.
What is the abbreviation for EB1A?
You can find several abbreviations and names of this green card subcategory: EB-1A, EB1A, EB1-1, EB-1 EA, EB1a, Extraordinary Ability Green Card, EB-1 Extraordinary Ability etc. All these names are equivalent.
What are the disadvantages of the EB2?
One of the major disadvantages of the EB2 green card is also PERM labor certification. In this lengthy process, Department of Labor must certify that there are no U.S. workers available for an offered job position. PERM isn’t required for the NIW subcategory.
What is an advanced degree in EB2?
Advanced degree is a master’s degree or a doctorate.
How many years of experience do you need to be an EB1B?
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area.
What does it mean to be exceptional in science?
Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
How long is the third preference visa backlog?
This means even over 10 years of waiting for certain nationalities. Check the current Visa Bulletin at Department of State website.
What is EB-1 for multinationals?
Multinational Executives and Managers are the third sub-group of the EB-1 category . Qualified persons must have been employed for at least one of three preceding years in an executive or managerial capacity by a U.S. parent, subsidiary, branch, or affiliate of a foreign corporation. Labor certification is not required, but the prospective employer must provide a job offer and file a petition with the USCIS.
How many subgroups are there in EB-1?
The EB-1 category is composed of three sub-groups:
Who sponsors EB-3 applicants?
EB-3 category applicants must be sponsored by their prospective employer in all circumstances. There are three subgroups:
What are the two main avenues by which people abroad immigrate to the U.S.?
The two principal avenues by which people abroad immigrate to the U.S. is through the employment-based (EB-1, EB-2, and EB-3) and the family-based categories. The employment-based category is divided into several subcategories.
What age can I apply for E-14?
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
What form do I need to file for an alien worker?
Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker.
What is an EB1 visa?
And unsurprisingly, the “1” denotes first preference. As such, EB1 visas are green cards or permanent residency reserved for foreign individuals who are being transferred from a foreign company to a branch in the United States, or aliens who have demonstrated extraordinary skill in their given field outside or within the U.S., ...
How long does it take to get a permanent residency on an EB-1?
There is no Labor Certification required or proving that you cannot hire U.S. workers. The EB-1 Beneficiary can obtain permanent residency in about a year.
What is the highest classification of visa given to aliens on an employment basis?
Though EB1 is the highest classification of visa given to aliens on an employment basis, there are two other EB visas to remain cognizant of when applying: EB2, and EB3.
Do you have to sponsor an alien on an EB1 visa?
Unlike other work-related visas, an alien applying for an EB1 alien of extraordinary ability visa (other than outstanding professors and researchers) does not have to have an employer sponsor them as long as they can show that they will continue working in their field of expertise.
Why is the EB1 visa expedited?
EB1-A visas have expedited processing times due to not having to go through the PERM labor certification process.
What is an EB-5 visa?
EB-5 visas are typically for entrepreneurs who make a commercial enterprise investment and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. This preference category is also known as the Immigrant Investor Program.
How long does it take to get an EB green card?
All EB green cards require a Form I-140. The processing time of this form usually takes around 6 months, but largely depends on the service center. Most service centers will give you an estimate but remember these are just estimates. The USCIS offers a premium processing service for Form I-140 which brings the processing time down to 15 calendar days. Premium processing comes at a fee of $1,225.
What is the first preference for green card?
EB-1 is the first preference. EB-2 is the second preference. EB-3 being the third preference. There are also EB-4 and EB-5 categories, yet these do not fall under the preference system of the first three employment-based categories. These are the different employment categories that one can gain a green card sponsorship from.
What is a green card?
A US green card allows immigrants to gain permanent residency in the United States, either through a family-based or employment-based sponsorship.
Can you self sponsor a green card?
Note that the employment-based green card process steps can only be started and driven by your employer, meaning you cannot self-sponsor it. As you probably already know, there are other ways to obtain a green card, such as the green card lottery.
What does a large salary gap mean for EB-1A?
Though the salary difference may be reviewed by the USCIS, the review will only be based on the size of the gap, as a large gap may indicate that the job classification is not similar enough. It is also worth noting that the large salary criteria for the EB-1A green card, for instance, is just one of the eligibility criteria, and you only need to meet at least three out of the ten listed requirements. Your immigration lawyer will be in the best position to guide you on this.
How long does it take to get an EAD card?
The USCIS will process your EAD application within 90 days of filing. And if you have an existing EAD that is about to expire, you will need to request an extension of the card before the expiration date.
Can I file a second I-140?
Then, his employer can file a second I-140 under the new EB-1 category. This will allow him to retain his priority date from the first petition. As soon as the new I-140 petition is approved, a visa number will become available as all countries have current priority dates for the EB-1 green card.
Can a manager get an EB-1C?
However, there is one caveat to the EB-1C green card for multinational managers. One of the main requirements is that the beneficiary must have worked in a managerial or executive capacity for one full year in the three years leading up to the petition. This work must have been done at the company’s offshore branch. Therefore, if Rateesh was currently working in India, he would be in the clear. However, if he was in the U.S. under a nonimmigrant visa such as an H-1B, he would need to return to the Indian branch to work for one full year in order to be considered eligible.
Do I need a new job to port an EB-1A?
This would qualify her for the EB-1A green card. Because the EB-1A does not require a PERM or a job offer, she does not need to obtain a new job in order to port. She simply needs to self-petition and file a new I-140 for the EB-1A along with supporting evidence and fees. Therefore, porting from an EB-2 to an EB-1 green card is more like filing ...
What is an EB1 visa?
EB1 visa: The EB-1 visa preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. EB-1 criteria.
How many H1B visas are there?
H1-B visa quota caps are quickly used up within days of release on April 1st of each year. For 2018 Congress mandated a regular cap of 65,000 H1 B visas and a further H1B Master's Exemption cap of 20,000 visas available for Master's degree or higher applicants.
What is USCIS visa?
US Citizenship and Immigration Services (USCIS) offer a wide array of visa options, shifting requirements, eligibility and quotas for those wishing to immigrate to, work in, invest in or otherwise live in the United States. Visa options usually fall under two categories:
What is E-2 nonimmigrant?
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the US maintains a treaty of commerce and navigation) to be admitted to the US when investing a substantial amount of capital in a US business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
Can an unmarried child get an F-2 visa?
You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the US government to accept international students. A students spouse and unmarried children under 21 years of age may seek admission in the F-2 visa classifica tion.
Can an EB-5 visa be used for permanent residence?
Under this program, EB-5 visa entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
Does a nonimmigrant visa expire?
Nonimmigrant visas for temporary stays in the US where the visa typically has an expiration date.
EB-1 Visa - Definition
EB-2 Visa - Definition
- A step down from an EB-1 visa, EB-2 is for those with significant expertise. It’s broken down into three subcategories: 1. Advanced degree 2. Exceptional ability 3. National Interest Waiver (NIW) Many applicants in the EB-2 visa program must have their petitions submitted by a sponsoring U.S. employer. Luckily, the National Interest Waiver (NIW) wa...
So, Which Immigrant Visa Is Best For You?
- It is rare that a person would qualify for both the EB-1 and EB-2 since the requirements differ. Those who do qualify for both visas need to choose. As you can see, an EB-1 has the potential for shorter processing times thanks to premium processing. Additionally, unlike the EB-2, the EB-1 does not require sponsorship by a U.S. employer. The final action dates for the EB-1 and EB-2 va…
Seek Advice from An Experienced Immigration Lawyer
- No matter which employment-based visa option you choose, you should always seek advice from an experienced immigration lawyer. Here at the Law Offices of Alice Antonovsky, we have a dedicated team of expert lawyers that have helped countless others like you choose between the EB-1 and EB-2 visa. We not only walk you through the process, but we also handle all of the supp…
EB1 – Priority Workers
EB3 – Skilled Workers, Professionals and Other Workers
- The EB3 green card is intended for workers with the lowest qualificationwhen compared to EB1 and EB2 category. While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category. This means even over 10 years of waiting for certain natio...
EB4 Special Immigrants and EB5 Investors
- To make this overview complete I briefly mention other two categories of Employment-based green cards: 1. EB4 for Religious Workers and other Special Immigrants 2. EB5 for Investors who make the necessary investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobsfor qualified U.S. workers I hope this post provides a clea…