The most common employment-based (EB) immigrant visa categories include:
- EB-1 Extraordinary Ability or Multinational Executive
Those with extraordinary ability in the arts, business, sciences or athletics which can demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field may apply for permanent residency as a self-petitioner or through an employer.
A multinational executive may be sponsored for permanent residency if the executive is or was transferred to the US office after working with a related company for at least one year in the last three in an executive or managerial capacity.
- EB-2 Advanced Degree or Exceptional Ability
Those applying for US permanent residency through the EB-2 immigrant visa category must be sponsored by an US employer who has obtained a Labor Certification for the position from the US Department of Labor unless the applicant qualifies for a National Interest Waiver.
To qualify under the Advanced Degree category the applicant must demonstrate that the requirements of the position offered in the US requires at least a US masters degree or higher or a bachelors degree plus five years of progressive work experience in a particular field and that the applicant holds this qualification.
Those with a degree of expertise significantly above that ordinarily encountered may qualify for permanent residency through the EB-2 immigrant visa category if it can be shown that the applicant can show at least three of the following:
- Degree relating to area of exceptional ability;
- Letter from current or former employer showing at least 10 years of experience;
- Licence to practice profession;
- Person has commanded a salary or remuneration demonstrating exceptional ability;
- Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
- EB-3 Professional or Skilled Worker
This category requires that the employer first obtain a Labor Certification from the US Department of Labor which requires a recruitment test of the employment market to determine if there are qualified, willing and able US workers who could fill the position.
A professional worker is one who has been offered a position that requires at least a bachelors degree in a specialized field.
A skilled worker is one who has been offered a position that requires at least two years of experience in the particular field.