Immigration Law

Employment-Based Immigration Visas

If you or a loved one are facing immigration visa issues or you are in need of a visa, then call our immigration attorney for a consultation, we may be able to help. Call us here at our San Antonio, Texas Offices or one of or other offices across the State. We can help you here or in most U.S. Based Immigration matters anywhere in the U.S.A.

Employment based immigration visas are available to employees with particular job-related skills who are interested in working for US based businesses. There are five employment-based immigration visas.

EB-1 Visas

EB-1 Visas are visas for persons who possess extraordinary abilities in the sciences, arts, education, business, or athletics. Your abilities and achievements must be recognized in your field and you must be able to show this through extensive documentation. This category does not require an offer of employment.

This visa is also for outstanding researchers or professors. In this category, individuals must be able to demonstrate international recognition for their outstanding achievements in a particular academic field. An offer of employment is required.

Multinational executives and managers of corporations and businesses are also eligible for EB-1 Visas. Your employer must petition you and it must be a U.S. employer.

Labor certification is not required for EB-1 Visas.

EB-1 Visas must be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.

After the ETA-9089 is approved, your employer must also file a Form I-140, Petition for Alien Worker.

Family of EB-1 Visa holders may be admitted to the United States, too.

EB-2 Visas

EB-2 Visas are visas for persons who are members of the professions holding advanced degrees. The job you apply for must require an advanced degree. You must also possess such an advanced degree.

This visa is also for people with exceptional abilities (a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business) in the arts, sciences or business.

Labor certification is generally required for EB-2 Visas.

EB-2 Visas must be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.

After the ETA-9089 is approved, your employer must also file a Form I-140, Petition for Alien Worker.

Family of EB-2 Visa holders may be admitted to the United States, too.

EB-3 Visas

EB-3 Visas are visas for the professional workers, skilled workers and other workers.

Professional workers are those whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions. Professional workers must prove that they have a college degree and such degree is required for entry into a particular profession. Professional workers are also those performing work for which there are not already qualified workers in the United States.

Skilled workers are those performing work for which there are not already qualified workers in the United States. A skilled worker must be able to prove to have at least two years of on-the-job work experience, not of a temporary or seasonal nature.

The other workers consist of workers performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Labor certification and a permanent, full-time job offer is required for all 3 categories under the EB-3 Visas.

EB-3 Visas must be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.

After the ETA-9089 is approved, your employer must also file a Form I-140, Petition for Alien Worker.

Family of EB-3 Visa holders may be admitted to the United States, too.

EB-4 Visas

EB- 4 Visas are for special immigrants. USCIS or United States Citizenship and Immigration Services, categorizes the following as special immigrants:

  • Religious workers
  • Special Immigrant Juveniles
  • Certain physicians
  • Armed Force Members
  • Employees of U.S. foreign service posts
  • Retired employees of international organizations
  • Alien minors who are wards of courts in the United States
  • Other specific classes of aliens

Labor certification is not required for this EB-4 Visas.

Your family may also be eligible for a EB-4Visa through you.

EB-5 Visas

EB-5 Visas are for business investors. Under the EB-5 Immigrant Investor Visa Program, business investors (and their spouses and unmarried children under 21) are eligible to apply for a green card if:

  1. The investor invests a total of $1 million in a commercial enterprise in the United States. If the investor makes an investment in a targeted employment area, the investor and his family can still qualify for this visa if his investment is $500,000.
  2. The investment employs no less than 10 full-time U.S. workers.

A labor certification is not required for EB-5 Visas.

If you or a loved one are facing immigration visa issues or you are in need of a visa, then call our immigration attorney for a consultation, we may be able to help. Call us here at our San Antonio, Texas Offices or one of or other offices across the State. We can help you here or in most U.S. Based Immigration matters anywhere in the U.S.A. Call 1-800-862-1260.

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