Employment-Based Visas: An Overview of the Different Types

Whether you are a business professional, or investor seeking a visa, or you represent a U.S. organization, university, or any other group that employs foreign nationals, you may need information on employment-based visas and related legal concerns. Given below is a discussion regarding different types of employment visas and their specific requirements.

Employment-Based Visas 

Employment-based immigration is broadly divided into five categories, each with its own annual limits on the number of visas available. Eligibility for all of these visas is subject to an employer’s ability to show that there are no U.S. personnel available to fill the particular position for which you are being appointed. The specified policy behind this requirement is the intent to protect U.S. workers by making sure that U.S. residents have maximum access to the job market.  

Category 1

The first category visa provides permanent residency to ‘priority workers’. Priority workers are people of extraordinary ability in the sciences, education, arts, business or athletics. These people are usually outstanding professors and researchers, and executives and managers working in multinationals.

Category 2

This type of visa is for ‘professionals who hold advanced degrees’ and for ‘persons of exceptional ability in the sciences, arts, and business’. This means this visa is allowed to professionals holding an advanced degree or baccalaureate degree plus a minimum 5 years of significant experience in the specialty, and individuals of outstanding ability in the sciences, arts and business.

Category 3

This category visa allows foreign nationals who are ‘skilled workers’, ‘professionals’ or other type of workers to come into the U.S. to get hold of permanent residency. This means this category is for

·         Professional workers with a bachelor's degree in the U.S. or foreign equivalent degree.

·         Skilled workers with a minimum two years training or experience and

·         Unskilled workers whose skills are in short supply in the U.S. 

Category 4

This visa is for ‘special immigrants’ including ‘religious workers’. To qualify for this visa you must have been a member of a religious denomination (for at least 2 years) that has an authentic non-profit, religious organization in the U.S. Also, you must have been performing ministry, vocation, professional, or other work constantly during those two years.

Category 5

This is an immigrant ‘investor visa’ that grants permanent US citizenship to investors who seek to enter the U.S. for the purpose of establishing a new commercial enterprise.