It is important for immigrants to know the difference between the various EB visas that are available for workers. For instance, some require a labor certification approved by the Department of Labor (DOL), while others do not.
For those who are considering immigrating to the United States on an employment visa, here are the five types of EB visas that may apply.
First Preference EB-1
These visas are used for those with extraordinary abilities in business, science, athletics or other areas, and they do not require an individual labor certification.
Second Preference EB-2
This visa is used for those with advanced degrees or exceptional abilities, such as a professor of science, art or business. This does require a labor certification.
Third Preference EB-3
This visa is used for skilled workers and professionals, and it also requires a labor certification.
Fourth Preference EB-4
This visa is used for employees who fall into the “special immigrant” category. This includes some minors or retired employees, for example, along with certain religious employees. No special labor certification is needed.
Fifth Preference EB-5
Finally, this visa is used for business investors. They generally need to invest at least $1.05 million, although there are some specific targeted areas where they can obtain this visa if they invest $800,000. Additionally, they need to be starting a commercial enterprise that will provide, at a minimum, 10 full-time jobs to workers in the United States. No labor certification is needed, but this visa is essentially for those who are creating jobs for Americans.
To learn more about the specific differences or how to apply for the visa that would work best in your unique scenario, it can help to work with a knowledgeable immigration attorney.