Most employment-based immigrant visas are divided into two categories: permanent workers, who may have the right to live permanently in the United States; and temporary workers, whose employment-based visa will only be valid for a set length of time. For permanent workers, the available visas as divided into preference categories.

• EB-1 (Priority Workers): Individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives or managers. This category is usually for people considered in the top 10% of experts in their field.
• EB-2 (Advanced Degree Professionals): Professionals with advanced degrees or exceptional ability in the arts, sciences, or business. This category includes cases that qualify for a National Interest Waiver (NIW).
• EB-3 (Skilled Workers, Professionals, and Other Workers): Skilled workers with at least 2 years of experience, professionals who hold a Bachelor’s degree, or certain other unskilled workers not seeking temporary employment.
• EB-4 (Special Immigrants): Religious workers sponsored by the religious organizations, special immigrant juveniles, members of the U.S. Armed Forces, and other special categories. 

Employers who file an immigrant petition under categories EB-2 and EB-3 are usually required to obtain a labor certification from the U.S. Department of Labor. This is to certify that there are no qualified U.S. workers available for the offered position, and is also known as a PERM Labor Certification. However, an individual worker can avoid the need for a PERM certification by filing a National Interest Waiver (NIW). 

Religious organizations can petition on behalf of religious workers for an EB-4 visa. In the application, the petitioner will have to prove that they are a recognized, tax-exempt religious organization in the United States, and demonstrate how they will compensate the immigrant religious worker. They will also have to submit evidence of the religious worker’s membership in their denomination, their qualifications to perform their duties, and proof of their past religious work. This visa can be applied for while the individual is already present in the U.S. on a temporary visa like the R-1 nonimmigrant visa for religious workers.

Each of these visa categories comes with its own complicated set of rules and requirements, and it makes a world of difference to have the extensive experience of the Eastbridge team on your side throughout. We’ll be there to handle all aspects of your filing preparations, to collect and draft all the necessary documentation, and to make sure you can navigate the process with confidence.