Investing in America: What You Need to Know About the EB-1 and EB-2 Visas

October 20, 2019
RelisLaw

Those who choose to come to the United States by getting a job at an American company or moving to the American location of an international company, or those that wish to set up their own company that is of national interest in the U.S., may pursue EB visas. Short “employment-based” EB visas give preference to those who possess job skills and education that are likely to enrich and improve the United States.

What Are EB Visas?

The EB class of visas leads to permanent residence and has five different levels—EB-1 through EB-5. Each corresponds to a different class of employees, managers, executives, or investors. Those who fit into the EB-1 and EB-2 visas have advanced knowledge or achievements within their field of employment and study.

An Overview of EB-1 Visas

Known as the first preference EB visa, the EB-1 visa is optimal for applicants with outstanding achievements in science, business, education, art, or athletics. There are three categories that fit into the EB-1 category: EB-1A, EB-1B, and EB-1C.

The EB-1A is intended for those who are within the top percentile in their field, a distinction often proven with international awards or association memberships. Applicants do not need a job offer; they can sponsor themselves when applying for this visa.

The EB-1B offers immigration opportunities to well-known professors and researchers. To qualify, you must have demonstrable achievements and contributions to your field. Applicants need three years of experience, a job offer, and recognition for their work.

Under the EB-1C, executives and managers of international companies are able to enter the United States on an employment visa. Managers do not qualify for this visa until they have at least one year of managerial experience in the company sponsoring their visa.

Introduction to EB-2 Visas

Another highly sought after visa is the EB-2 visa. Applicants must have advanced degrees—classified as anything above a bachelor’s degree—or if not, have exceptional skills in science, art, or business. Those who qualify for an EB-2 visa can often gain permanent residence fairly quickly, or would be able to self-petition. However, due to the strict requirements and the prestige of an EB-2 visa, USCIS pays careful attention to applications in this category.

Typically, EB-2 applicants need to undergo the PERM process, which demonstrates that there are no US-based employees who qualify for the position that the applicant is applying for. Applicants for the EB-2 National Interest Waiver do not need a job offer, can self-petition and bypass the labor process by demonstrating that skipping the PERM process is in America’s best interest. This allows the applicant to apply without a job offer. When you are ready to begin the immigration process, finding the right visa for you and filing the proper paperwork is key to timely processing. Working with the team at RelisLaw PLLC can help you save time and minimize your stress. Call us now at 1-800-514-4290 to get started.

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RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.

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