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What qualifications must be met to apply for an employment-based visa in the United States?

To apply for an employment-based visa in the United States, there are several qualifications that must be met. These qualifications will depend on the specific type of employment-based visa being sought.

There are five main employment-based visa categories, including:

  1. EB-1 - Priority Workers: This category is reserved for individuals with extraordinary abilities in arts, sciences, business, athletics, or education, as well as outstanding professors, researchers, and multinational executives and managers.
  2. EB-2 - Professionals with Advanced Degrees or Exceptional Ability: This category is for individuals who have advanced degrees or extraordinary ability in the sciences, arts, or business.
  3. EB-3 - Skilled Workers, Professionals, and Other Workers: This category is for skilled workers, professionals, and other workers who have at least two years of experience or training in their field.
  4. EB-4 - Special Immigrants: This category is for certain special immigrants including religious workers, broadcasters, and foreign service officers.
  5. EB-5 - Immigrant Investors: This category is for individuals who invest in a new commercial enterprise in the United States, creating jobs for U.S. workers.

To be eligible to apply for any of these employment-based visas, an individual must have a job offer from a U.S. employer. The employer must also file a petition on the individual's behalf with the U.S. Citizenship and Immigration Services (USCIS).

Additionally, individuals must meet certain educational and/or work experience requirements. The specific requirements will depend on the employment-based visa category being applied for.

Limitations and exceptions can apply to these qualifications, such as certain restrictions on employment opportunities for certain visa types or specific country quotas for some visas. In some cases, it may be necessary to consult with an experienced immigration attorney to determine the best course of action for your individual situation.

In summary, to apply for an employment-based visa in the United States, an individual must have a job offer from a U.S. employer and meet certain education and work experience requirements based on the specific visa category. It is important to understand any limitations or exceptions that may apply to the qualifications, and to seek legal guidance if necessary.