Immigrant Visas

EB-1, which covers persons of extraordinary ability in the arts, sciences, business, education or athletics. If a foreign national can prove his or her extraordinary ability, there is no requirement that he or she have a job offer at the time of the application. People qualifying in this category can petition for themselves. It is sufficient to show that he or she intends to continue working in the area of expertise. Outstanding professors and researchers, and multinational executives are also covered by this visa category. However, they need to have an offer of employment.

EB-2, which covers employers of foreign nationals who are exceptional, as opposed to extraordinary. Additionally, the job for which they are being hired must require an advanced degree. In most situations, the employer will also need to file for a labor certification with the U.S. Department of Labor.

EB-3, which covers skilled workers, professionals and unskilled workers. The employer filing the petition must meet certain requirements under each of the three groups. This is the most commonly applied for category because more workers qualify. Since Congress limits the numbers of visas available in each category ever year, the EB-3 is often backlogged for years.

EB-4, which is somewhat of a ``catch-all`` category that can include religious workers, military and civilians who have assisted the United States or soldiers who have fought in Iraq or Afghanistan, Panama Canal Zone employees, and former NATO employees and families.

EB-5 investor visas, which are the result of a 1990 creation by Congress called the ``Immigrant Investor Program.`` The goal of the program was to stimulate investment in the U.S. economy. The amount of the investment that a foreign investor must make is substantial, regardless of whether the investor is pursuing an investment in a new or ongoing commercial enterprise or a targeted employment area. Filing under this category requires detailed and expert documentation of the business plan, financing arrangements and structure.