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Permanent U.S. Work Visas: EB1 & EB2

When you wish to live and work in the United States, U.S. immigration laws and visa applications can be confusing. If you have decided that you wish to permanently settle in the United States, an EB1 or EB2 visa may be right for you. This is because when you are approved for a visa in the EB category, you can become a permanent resident of the United States and maintain your employment.

Applying for an EB1 or EB2 visa can be a complex process. With the help of an experienced immigration lawyer, determining your eligibility for the EB visa category or filing paperwork can become a lot more straightforward. For legal advice on your specific circumstances, schedule a consultation with us today.

What Are EB1 and EB2 visas?

The Employment-Based (EB) visa category technically refers to visas E1 through E5, all of which are immigrant visas. EB visas are permanent work visas and, once approved, do not set a time limit on how long the holder is allowed to reside or work in the United States. This is because EB visas allow an applicant to obtain a green card and become a U.S. permanent resident. In some cases, you must obtain employment sponsorship to apply for certain EB visas.

EB1 visas are reserved for workers who have extraordinary abilities or advanced degrees in science, arts, business, education, athletics, and other categories. EB2 visas are available to workers with exceptional ability, advanced degrees or performing work in the national interest of the United States in the same categories, although the threshold for excellence is lower than the EB1 category.

Eligibility Criteria For EB1 Visas

To apply for an EB1 visa, you must prove that you have extraordinary abilities in science, the arts, business, education, athletics, or other categories. Examples of individuals eligible for EB1 visas might include professors or researchers who are outstanding in their field, or multinational executives and managers.

Although you may not need a job offer or labor certification from the U.S. Department of Labor to qualify for an EB1 visa, the work you have completed in your field must meet specific criteria. In most cases, you must be able to demonstrate achievements or recognition that make your ability extraordinary. You may be required to include evidence of awards, publications, high-level pay, or endorsements in your EB1 visa application.

EB1 visas are limited to 40,000 people a year. Because there are not many people who qualify, backlogs and waiting times for EB1 approvals may not occur often. Once an EB1 visa has been approved, the holder will be eligible to become a permanent resident of the United States and receive their green card.

Eligibility Criteria for EB2 Visas

To be eligible for an EB2 visa, you must have exceptional, although not extraordinary, ability in science, art, business, education, or other fields of employment. For example, those who hold advanced degrees in their field may be eligible for an EB2 visa. Although the threshold to qualify for an EB2 visa is much lower than an EB1 visa, an applicant normally requires a job offer or labour certification from the U.S. Department of Labor. The requirement for a labor certification may be waived for an EB2 applicant if they can demonstrate that their employment is in the national interest of the United States.

EB2 visa approvals are limited to 140,000 a year. Because the threshold for eligibility is lower, there may be a backlog or waiting time before an EB2 visa is granted. Your status on a waiting list may depend on your country of origin and the current demand for the visa. An immigration lawyer can help you find out if there’s a backlog for the visa you wish to apply for and what your waiting time might be like.

Once an EB2 visa has been granted, you can become a permanent resident of the United States. This means you may permanently live and work in the United States at your discretion.

Contact Our US Immigration Lawyers Today

When you apply for an EB1 or EB2 visa, an immigration lawyer can be extremely helpful. Law firms can help you determine whether you are eligible for the EB1 or EB2 category or process the multitude of paperwork necessary for your application. Our experienced U.S. immigration lawyers at Border Solutions Law Group can assist with your EB application if you wish to permanently live and work in the United States. If you believe you may qualify for an EB1 or EB2 visa, contact us today for legal advice.

Disclaimer: For specific legal advice on your immigration law matter, please consult with an immigration lawyer. The content in this article is not intended to act as legal advice and is instead intended to act as a general overview of a legal topic.