Employment-based (EB) immigration options are available for employers looking to source talent and prospective employees seeking work. Some visas require that an employer file on behalf of the employee, while other formats allow employees to work in the United States without the requirement of employer participation. Each EB visa has different needs, and as an employer, it is essential to consider the demands of the process and the benefits the prospective employee might provide to your company.  

If you are an employer considering hiring through the EB visa process, an employment visa lawyer from Willy, Nanayakkara & Associates can help.

EB Visa Options 

As detailed by United States Citizenship and Immigration Services (USCIS), there are a variety of employment-based nonimmigrant, immigrant visa classifications, and other alien categories that may be eligible for employment authorization. One of the most common ways for an individual without U.S. citizenship to work in the United States is for a prospective employer to file a petition with the USCIS on their behalf, with the following being the most common pathways for employers to take. 

EB-1 – Extraordinary Ability 

The EB-1 visa is employment-based and available to noncitizens who are: 

  • Of extraordinary ability 
  • An outstanding professor or researcher 
  • Are within a certain category of multinational executive or manager

Each of the categories available for the EB-1 visa has their own requirements, highlighting the value of working with an experienced employment visa attorney to streamline the process. For most categories of visas there are annual quotas which set a maximum number that may be granted, but for the EB-1 there is no annual quota. 


The EB-2 NIW visa is an employment-based visa available to: 

  • Prospective employees with either an advanced degree, or
  • An exceptional ability 

Some prospective employees may file for a national interest waiver (NIW) which can relieve the requirement of employer support, however, employer support is still needed for the EB-2 without an NIW waiver.  


The EB-3 visa is an employment-based visa available to: 

  • Professionals 
  • Other unskilled workers 

To be eligible for the EB3 visa, the education, skills, and work experience are taken into account by the USCIS 


The EB-4 category is available to special immigrants, persons who could be eligible for lawful permanent resident status, a green card, based upon particular visa categories listed through the Immigraiton and Nationality Act (INA). 

For an employer to begin the process of employing someone through the EB-4 visa, the employer must: 

  • File a Form I-360, petition for Amerasian, Widow(er), or Special Immigrant 
  • In some instances, the employee  may self-petition 

Identifying the options that work best with your prospective employee takes a thorough understanding of the associated regulations.

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If you would like help regarding business immigration, family-based immigration, and immigration-related litigation, or if you have questions about any other immigration-related issue, we encourage you to get in touch. To speak with one of our highly-experienced immigration attorneys in confidence, please call 888-529-5990 or request an appointment online today.