Exploring Employment-Based Green Cards: The EB Visa Pathways

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Employment-Based Green Cards vs. Family-Based Green Cards

When considering immigration options to the United States, the first two paths most people evaluate are employment-based and family-based Green Cards. These two paths were created by the Immigration and Nationality Act of 1990.

If you don’t have family in the U.S. who can sponsor you or the family-based Green Card path is too lengthy, then the focus shifts to employment-based options.

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Key Considerations for Employment-Based (EB) Visas

There are several important factors to consider when evaluating your EB visa options, including:

• Am I qualified for this visa type?
• Can I afford this visa type?
• How long will it take?
• What are my chances of approval?

Answering these questions will help you eliminate options that might not be a good fit for your situation. Here's a breakdown of the different EB visa categories:

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EB Visa Categories

EB1 Visa: Extraordinary Ability

• Target Audience: Individuals with extraordinary abilities such as:
  • Oscar winners
  • Olympic medalists
  • Pulitzer Prize winners
  • National or international acclaim in a field
  • Outstanding professors or researchers
• Purpose: For individuals who have achieved a high level of recognition in their field.

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EB2 Visa: Advanced Degree or Exceptional Ability

• Target Audience: Individuals with advanced degrees or exceptional abilities.
• Common Applicants: High achievers in their careers who have demonstrated the ability to succeed over multiple years.
• Purpose: This visa applies to those excelling in their field, including scientists, professionals, and artists.

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EB3 Visa: Skilled, Professional, and Other Workers

The EB-3 visa has three sub-categories:

• Skilled Workers: Requires at least two years of work experience.
• Professional Workers: Requires a bachelor's degree or equivalent.
• Other (Unskilled) Workers: No degree or experience required, but the job must require workers that are unavailable in the U.S.

This category often serves as the last option for many individuals because it is the most accessible EB visa type.

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EB4 Visa: Special Workers

• Target Audience: Special workers, which primarily includes religious workers but also covers:
  • Broadcasters
  • Afghan or Iraqi translators
  • Members of U.S. armed forces
  • Others with specialized qualifications

EB5 Visa: Investment Visa

• Target Audience: Investors willing to put significant capital into a U.S. business.
• Qualification: Must invest a significant amount of money and create or preserve at least 10 U.S. jobs.

Why the EB-3 Visa is the Most Accessible

Unless you have extraordinary qualifications, are in a niche situation, or have significant capital to invest, the EB-3 visa is often the only viable employment-based Green Card option. This pathway gives many people the chance to achieve their American Dream by living and working in the U.S.

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The Cost of Immigrant Visa Petitions

Immigrant visa petitions can be lengthy and costly. Here are some costs involved:

• Legal Fees: Attorneys and service providers may be necessary to navigate the complicated process.
• Filing Fees: U.S. Citizenship and Immigration Services (USCIS) charges various filing fees.
• Agency or Service Provider Fees: Many applicants opt to work with agencies to simplify the application process.

To learn more about the EB-3 Visa, visit our website here.