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Immigration Law: A Guide to Employment-Based Visas

— April 1, 2024

Visas based on employment are essential for encouraging skilled workers, business owners, and investors to enter the US, which promotes innovation, economic expansion, and increased competitiveness internationally.

Because immigration laws in the US are much more complicated than mentioned online, employment-based visas are crucial if you want to work and join their labor force. Employers and immigrants alike must understand the depth and difficulty of getting these types of visas. 

An overview of visas based on employment

  • Employment-based visas fall into a number of main categories, each are focused at various worker types, expertise, and job opportunities.
  • Priority workers (EB-1), professionals with advanced degrees and exceptional ability individuals (EB-2), skilled workers, and other workers (EB-3), special immigrants (EB-4), and immigrant investors (EB-5) are some of these groups.
  • Depending on the type of visa and the applicant’s country, there may be a number of restrictions and priority dates associated with the distribution of employment-based visas.
  • Employers often need labor certification from the Department of Labor to sponsor foreigners for employment-based visas. Labor certification points to the fact that there are no qualified American workers available for the position.

Key Facts and Statistics:

  • Based on information from the US According to the Department of State, over a million immigrants became lawful permanent residents of the United States in fiscal year 2020; a sizable fraction of this population was derived from employment.
  • India, China, Mexico, the Philippines, and Vietnam were the leading countries of origin for employment-based immigrants in fiscal year 2020, demonstrating the diversity of skill and experience joining the American workforce.
  • Experts, professionals, and other workers fall under the category of EB-3 visas, which continues to be one of the most sought-after for employment-based immigration. The demand for EB-3 visas has surpassed the supply in recent years, leading to significant backlogs and protracted application processing periods for applicants.
  • Real estate development, infrastructure projects, and technology startups are just a few of the industries that have benefited from the EB-5 Immigrant Investor Program, which grants permanent residency to foreign investors who invest capital and create jobs in the United States.

How to Handle Visa Processing for Employment

It is important for companies and foreigners to understand the specific eligibility requirements, paperworks, and procedures involved in the employment-based visa application process. This is why hiring a professional immigration lawyer like Immigration Law Group is crucial. Prior to approving a foreign worker for an employment-based visa, employers must perform a thorough hiring process to prove that no competent American workers are available for the role. In order to be eligible for a certain visa category, immigrants must fulfill the educational, professional, and experiential requirements. As part of the immigration vetting procedure, they must also pass background checks, physical exams, and interviews.

Challenges and Considerations

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Although there are advantages of employment-based visas, there are also problems that you have to overcome during the immigration process, such as changing immigration laws, lengthy bureaucracy, and complicated legal procedures. For businesses and foreign nationals alike, the backlog of visa applications and the length of time it takes to process them, especially in some preference categories and nations, can pose serious challenges and this is why hiring an immigration lawyer is vital. Furthermore, the way that immigration rules and policies have changed under many administrations emphasizes how crucial it is to navigate the immigration process with knowledge and initiative.


Visas based on employment are essential for encouraging skilled workers, business owners, and investors to enter the US, which promotes innovation, economic expansion, and increased competitiveness internationally. Employers and foreign nationals can take use of these visas to pursue their professional goals and add to the diverse workforce in the United States by being aware of the nuances of employment-based immigration legislation. It is crucial to have a thorough and open approach to employment-based visas as the US continues to negotiate the complicated immigration policy landscape. This will help to ensure that the US is a hub of innovation and opportunity for future generations.

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