US Employment Based Immigration: With or Without Job Offer

By Sanwar Ali:

Gaining a US green card through employment-based immigration is something that many people aspire to. In many cases it is actually better to obtain a temporary work visa such as a L1 visa, or E2 visa or H1B visa. Employment based immigrant visas can take years in processing time.

Understanding Employment-Based Immigration

Employment-based immigration allows you to live and work in the US on a permanent basis. It is classified into five categories, namely EB-1, EB-2, EB-3, EB-4, and EB-5. Each category is designed for a specific group of professionals or workers, and they come with their own set of requirements, processing times, and advantages.

Immigration with a Job Offer

Having a job offer from a US-based employer is in most cases needed for employment-based immigration. The employer has to file a petition with the United States Citizenship and Immigration Services (USCIS) and in many cases apply for labor certification. Let's take a look at the five categories of employment-based green cards.

EB-1: Priority Workers

The EB-1 category is for "priority workers." This includes individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. It also covers outstanding professors, researchers, and certain multinational managers or executives.

EB-2: Advanced Degrees or Exceptional Ability

The EB-2 category is for professionals holding advanced degrees, or those who possess exceptional ability in the arts, sciences, or business.

EB-3: Skilled Workers, Professionals, or Other Workers

The EB-3 category is for skilled workers, professionals, and other workers.

EB-4: Special Immigrants

The EB-4 category is for "special immigrants," such as religious workers and special immigrant juveniles.

EB-5: Immigrant Investors

The EB-5 category is for immigrant investors who can significantly contribute to the US economy.

Immigration without a Job Offer

Even without a job offer, there are a few options in which to gain employment-based immigration to the US.

EB-1 Green Card

You can apply for an EB-1 green card if you possess extraordinary abilities in the sciences, arts, education, business, or athletics. You can also apply if you're an outstanding professor or researcher.

EB-2 National Interest Waiver (NIW)

You can apply for a National Interest Waiver (NIW) if you can prove that your work in the US is in the national interest. This means that your work must benefit the US economy, culture, education, or health care.

Further Considerations

Unfortunately, the employment based green card option is not always feasible. Processing time may take too long. In many cases it may also be too difficult to meet the requirements.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)