The Eligibility Requirements for Employment-Based Immigrant Visas

The eligibility requirements for applying for an employment-based immigrant visa vary depending on the specific visa category. The most common employment-based immigrant visas are categorized as EB-1, EB-2, and EB-3.

EB-1 Visa

• Demonstrating extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international acclaim;
• Being an outstanding professor or researcher; or
• Being a multinational manager or executive.

EB-2 Visa

• Having an exceptional ability in the sciences, arts, or business; or
• Having a master's degree or higher or its foreign equivalent, and the job requires an advanced degree.

EB-3 Visa

• Having a bachelor's degree or higher or its foreign equivalent, and the job requires a bachelor's degree; or
• Having at least two years of work experience in the relevant occupation, and the job requires at least two years of experience.

In addition to these general requirements, applicants must also meet specific criteria related to their occupation and employment offer. This includes demonstrating that they have the necessary qualifications, licensing, or certifications required for the job, and that their employment offer is genuine and ongoing.

It is also important for applicants to have a labor certification from the Department of Labor, which demonstrates that there are no available U.S. workers who are able, willing, qualified, and available to accept the job opportunity.

There may be limitations or exceptions to these eligibility requirements based on factors such as the applicant's country of origin, the specific employment category, and the availability of visas. It is recommended that applicants consult with an experienced immigration attorney to determine their eligibility and options for obtaining an employment-based immigrant visa.