What is the difference between eb1 eb2 and eb3

A job offer is required and the U. Applicants may apply for an exemption, known as a National Interest Waiver , from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I, along with evidence of the national interest. All such workers generally require labor certification approved by the Department of Labor.

Government Abroad see number 3 below. Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7. Employment Fifth Preference E5 : Immigrant Investors Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.

Select Immigrant Investor Visas to learn more about this employment-based category. Once received, the NVC will assign a case number for the petition. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more.

Learn more about National Visa Center visa case processing. Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U. Consular officers at U.

Numerical Limitations All categories of employment-based immigrant visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached.

In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates. Fees Fees are charged for the following services:. Note : Fees must be paid for each intending immigrant, regardless of age, and are not refundable.

Fees should not be paid to the NVC or paid at the U. Embassy or Consulate where you have your visa interview unless specifically requested.

Applicants will be provided with instructions by the NVC on where and when to pay the appropriate fees. Required Documentation In general, the following documents are required:. Embassy or Consulate where the applicant will be interviewed for a visa.

The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters if no email address is available , containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination. Each applicant should bring a valid passport to the interview, as well as any other documentation above not already provided to NVC.

A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa in accordance with U. Ink-free, digital fingerprint scans will be taken on the day of the interview.

Generally, an applicant receives original civil documents and original translations back at the time of interview. Medical Examinations and Vaccinations Important Notice : In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview. Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician.

NVC provides applicants instructions regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions. Vaccination Requirements U.

See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information. How Long Does It Take? Employment based immigrant visa cases take additional time because they are in numerically limited visa categories.

The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. You might find several names for this category, for example: EB-2 this is the most accurate abbreviation , EB2, Employment-based green card of Second Preference, etc. The job you apply for must require an advanced degree and you must possess such a degree or its equivalent a baccalaureate degree plus 5 years progressive work experience in the field. You must be able to show exceptional ability in the sciences, arts, or business.

For example, entrepreneurs, exceptional artists or businessmen who demonstrate significant benefits for the United States might successfully apply for the NIW green card. In addition, you must demonstrate that it is in the national interest that you work permanently in the United States. This last requirement is the most difficult to satisfy.

I discuss this in greater detail at my other blog. Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability see above and whose employment in the United States would greatly benefit the nation.

As briefly referenced above, the NIW green card has two great advantages. Those seeking a national interest waiver may self-petition they do not need an employer to sponsor them and may file their labor certification directly with USCIS along with their Form I, Petition for Alien Worker. This means even over 10 years of waiting for certain nationalities. Check the current Visa Bulletin at Department of State website.

Another disadvantage is that there is no subcategory for self-petition within EB3. All petitions require a permanent , full-time job offer and sponsorship from U.

The offered job position must not be of a temporary or seasonal nature. Visa Bulletin. Visa Overstays. National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world.

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