Visa Eligibility Checker
Determining your eligibility for an employment-based visa is crucial before starting the application process. Below is a structured eligibility framework for different employment-based visa categories.
Eligibility Criteria by Visa Type
EB-1 (Employment-Based First Preference) – Extraordinary Ability, Outstanding Professors/Researchers, Multinational Managers/Executives
Who is Eligible?
- EB-1A (Extraordinary Ability):
- Demonstrated exceptional ability in science, arts, education, business, or athletics through national or international recognition.
- Must provide evidence such as major awards, publications, contributions to the field, or high salary in relation to peers.
- No job offer required.
- EB-1B (Outstanding Professors and Researchers):
- Must have at least 3 years of experience in teaching or research.
- Should be internationally recognized for outstanding achievements.
- A U.S. employer must offer a permanent research or teaching position.
- EB-1C (Multinational Managers and Executives):
- Must have been employed outside the U.S. for at least 1 year in the past 3 years by the same company or affiliate.
- The U.S. employer must be the same multinational company or its subsidiary.
EB-2 (Employment-Based Second Preference) – Advanced Degree Professionals & Exceptional Ability
Who is Eligible?
- EB-2 (Advanced Degree Holders):
- Requires at least a master’s degree (or equivalent) OR a bachelor’s degree plus 5 years of progressive work experience.
- Job offer from a U.S. employer is required.
- PERM labor certification required.
- EB-2 (Exceptional Ability):
- Demonstrates exceptional ability in sciences, arts, or business, significantly above the average level in the field.
- Must provide at least three forms of evidence such as professional licenses, high salary, professional memberships, or notable contributions to the field.
- Job offer and PERM labor certification required.
EB-2 NIW (National Interest Waiver) – Waiver of Job Offer and PERM Process
Who is Eligible?
- Same qualifications as EB-2, but with the National Interest Waiver (NIW), meaning:
- The applicant’s work must have substantial merit and national importance to the U.S.
- The applicant is well-positioned to advance their work in the U.S.
- It would be beneficial to waive the requirement for a job offer and labor certification.
Key Benefit: No employer sponsorship is required.
EB-5 (Immigrant Investor Program) – Investment-Based Green Card
Who is Eligible?
- Must invest a minimum of $1.05 million (or $800,000 in a targeted employment area) in a new commercial enterprise.
- The investment must create or preserve at least 10 full-time U.S. jobs.
- Funds must be lawfully obtained and traceable.
E-2 Investor Visa Eligibility Criteria
The E-2 Investor Visa allows foreign nationals from treaty countries to invest in and manage a business in the United States. This is a non-immigrant, temporary visa, but it can be renewed indefinitely as long as the business remains operational.
Who is Eligible?
- Nationality: Must be a citizen of an E-2 treaty country as listed by the U.S. Department of State.
- Investment Requirement: Must make a substantial investment in a U.S. business, typically $100,000 or more. The investment should be sufficient to establish and sustain business operations.
- Business Ownership and Control: Must own at least 50 percent of the business or have significant managerial control.
- Real and Active Business: The business must be operational and capable of generating profits beyond just providing a living for the investor and their family.
- Lawful Source of Funds: The investor must provide evidence that the invested capital was obtained legally.
- Intent to Depart: The investor must show an intent to leave the U.S. when the visa expires, though it can be renewed indefinitely.
The E-2 Visa does not lead directly to permanent residency, but investors may transition to a green card through options like the EB-5 Investor Visa or employer sponsorship.
Disclaimer: Eligibility requirements are subject to change as per U.S. immigration regulations. The assessment provided here is for guidance purposes only. For the most accurate evaluation, consult an immigration expert.
