Employment-Based Visas: Types & Requirement

The dream of advancing your career and building a life in the United States is an exciting prospect. Still, the path to obtaining a work visa can often feel confusing and overwhelming. U.S. immigration laws are complex, with numerous categories and requirements that must be met precisely. You may be concerned about application timelines, the required documents, or maintaining legal status for yourself and your family.

When your future depends on the successful navigation of U.S. immigration law, you need a law firm that is ready to act immediately. Williams Legal, P.A. is available to discuss your case. Do not wait for a crisis to secure your legal standing; be proactive. Call us right now at (386) 277-1166 or use our secure online contact form to schedule your free consultation:

What Is an Employment-Based Visa?

An employment-based visa allows a foreign national to live and work permanently in the United States. These visas, often referred to as "green cards," differ from temporary work visas, such as the H-1B, which permit work for a specified period. The employment-based visa process generally requires a U.S. employer to sponsor you, which means they must demonstrate that hiring you will not negatively impact the U.S. labor market.

Because the U.S. government limits the number of these visas each year, the process can involve several steps and take a significant amount of time. The good news is that these visas are typically grouped into five different preference categories. Each category is designed to attract specific types of workers, from individuals with extraordinary abilities to those filling everyday labor needs. Our dedicated approach means we review every detail of your background to determine which category offers the best chance for success.

The Main Types of Employment-Based Visas

The five employment-based categories (known as EB-1 through EB-5) target different skill levels and investment amounts. For highly skilled workers, the first three categories are the most common path to permanent residence.

EB-1: Priority Workers (Extraordinary Ability)

This category is for the "best of the best" in their field. You do not need an employer to sponsor you if you can prove you have reached the very top of your science, art, education, business, or athletic profession.

Who Qualifies? People who can show national or international acclaim through major awards, published works, high salary, or other significant achievements.
The Benefit: This visa is often faster than others because you can, in many cases, apply without the typical employer sponsorship requirement.

EB-2: Professionals with Advanced Degrees or Exceptional Ability

This category is designed for individuals with higher education or exceptional talents. It is a standard route for professionals who have surpassed the average worker in their field.

Requirements often include:
- An advanced degree (Master's, Ph.D., or a Bachelor's degree plus five years of progressively responsible post-graduate experience).
- A U.S. job offer and labor certification from your employer.
National Interest Waiver (NIW): In some cases, you may apply without an employer sponsor or labor certification if your work is considered to be in the "national interest" of the U.S.

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

The EB-3 category is for workers who fill a wide range of jobs that require varying levels of education and experience. This is often the most suitable path for many applicants.

This category is broken down into three sub-groups:
1. Skilled Workers: Jobs requiring at least two years of training or experience.
2. Professionals: Jobs requiring a U.S. baccalaureate degree (or its foreign equivalent).
3. Other Workers (Unskilled): Jobs requiring less than two years of training or experience.
Standard Requirement: All EB-3 applications require the employer to get a labor certification from the Department of Labor.

Key Requirements and the Application Process

Securing a permanent employment visa is a multi-step process that demands a dedicated approach. It is not something you should try to navigate on your own. Most cases involve two main requirements: sponsorship and certification.

1. Labor Certification (PERM)

For EB-2 and EB-3 cases, your employer must first prove to the Department of Labor that there are not enough qualified, willing, and available U.S. workers to fill the job. This process is called PERM (Program Electronic Review Management).

Your employer must conduct a recruitment process, such as placing job advertisements, before filing the PERM application.
The wage offered must meet or exceed the "prevailing wage" for that occupation in the geographic area.
Any mistakes in this step can result in significant delays or the outright denial of the application.

2. Petition and Adjustment of Status

Once the Labor Certification (if required) is approved, or for eligible EB-1 applicants, the U.S. employer (or the immigrant if self-sponsoring) files an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).

The I-140 proves that the immigrant is qualified for the visa category and that the sponsoring employer is financially sound.
Once the I-140 is approved and a visa number is available, the immigrant can apply for their green card, either through Adjustment of Status (if already in the U.S.) or Consular Processing (if overseas).

To navigate this lengthy and complex process, you need a law firm that is aggressive in pursuing your best outcome. We take a proactive and vigorous approach to every single detail of your application and documentation.

Secure Your Future with Legal Guidance

The journey to an employment-based visa is one of the most important legal processes you will ever undertake. Choosing the wrong visa category, missing a deadline, or submitting incorrect paperwork can significantly delay your application process. Whether you are a business seeking to hire global talent or an individual in need of legal support, it is wise to partner with an immigration lawyer in DeLand, FL.

At Williams Legal, P.A., we understand that the stakes are high. We provide focused legal counsel to ensure that your application is prepared and managed with meticulous care. Don't let confusing forms and waiting periods delay your career goals. Reach out to Williams Legal, P.A. today.

Learn more about how we can support your visa journey on our Immigration Law Service page. Call us now at (386) 277-1166.