Kerb Law Group

Employment Based Immigration

Employment Based Immigration

There are several employment-based immigration categories that foreign nationals can apply for. These categories are based on the type of job, education level, and skills of the foreign national. Below are some of the most common employment-based immigration categories:


EB-1: This category is for individuals with extraordinary ability in science, art, education, business, or athletics, outstanding professors or researchers, and multinational managers or executives.

EB-2: This category is for professionals with advanced degrees or individuals with exceptional ability in science, art, or business.

EB-3: This category is for skilled workers, professionals, and other workers who have at least two years of experience or training.

EB-4: This category is for special immigrants, including religious workers, broadcasters, and retired employees of international organizations.

EB-5: This category is for foreign nationals who invest at least $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

Employment Based Immigration

Each employment-based immigration category has specific requirements that must be met. For example, to qualify for the EB-1 category, a foreign national must demonstrate that they have received sustained national or international acclaim for their achievements in their field. To qualify for the EB-2 category, a foreign national must have a job offer from a U.S. employer and demonstrate that their work will benefit the United States in some way.


One of the main advantages of employment-based immigration is that it provides a direct pathway to legal permanent residence for foreign nationals who may not qualify for other types of visas. Additionally, many employment-based immigrants can apply for a green card without first having to obtain a nonimmigrant visa.


However, the employment-based immigration process can be complex and time-consuming. Employers must first obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available to fill the job. Additionally, employers must follow a strict process for recruiting and hiring foreign nationals.