US Employment-Based Immigrant Visa

How to apply for US Employment-Based Immigrant Visa

The steps to apply for an EB visa may vary based on the specific type of EB visa you are seeking. In general, all EB visa applicant's should follow these general directions:

1. File a petition/pursue labor certification
   • Depending on which type of EB Visa you are pursuing, you will begin your application process either by:  
     • Filing one of the below petitions: 
       • Petition for Alien Worker Form I-140  (for EB 1, EB 2, and EB 3 Visa applicant's)
       • Petition for Amerasian, Widow(er), or Special immigrant, Form I-360 (for EB 4 Visa applicants)
       • Immigrant Petition by Alien Investor, Form I-526 (for EB 5 Visa applicants)
     • Pursuing a Labor Certification via the U.S. Labor Department (required for EB 2 and EB 3 applicants)
2. Receive proof of petition/labor certification acceptance 
   • Whether you proceed with the subsequent EB Visa application steps will depend on whether your petition/labor certification was accepted by the relevant entity. After your petition/certification has been accepted, you will receive instructions on how to move forward with the rest of your application. Most applicants move on to Step 3…  
3. Submit other online application materials
   • These will vary depending on which EB Visa you are applying for. All applicants, however, will submit their DS-260 form, scans of their passport, and other civil documents, etc.
4. Complete payment of relevant visa fees
   • Payments will include the processing fee, immigrant petition forms and filing fees, etc.
5. Obtain a medical exam
   • You must pass a physical in order to move on to your visa appointment
   • In order to receive a clean bill of health, the applicant must receive all of the required vaccines—as well as procure evidence being vaccinated
   • Please note that only physicals performed by doctors selected by your application destination (US Embassy/Consulate you are applying through) will be considered legitimate
6. Sit for your interview
   • At the interview (to be held at your local US Embassy/Consulate), you will do the following:
     • Be interviewed
     • Submit your fingerprints and photos (biometric information)
     • Submit physical copies of any required documents which you did not already submit online (or physical copies of online docs/confirmation pages, etc.)
7. Obtain your visa
   • Successful applicants who pass the interview stage of the application process are typically presented with a visa (or the date when they will ultimately receive one)  
8. Submit USCIS Immigrant fee
   • Most EB Visa applicants are advised to pay the UCIS Immigrant fee of $220 before they seek entry to America
9. Travel to the United States
   • Having successfully completed the above steps, you will presumably be granted entry to the United States at the border (provided all your documents are in your possession/in order)
10. Obtain your Green Card
    • Having paid the USCIS fee, gained lawful entry to the country, an EB Visa holder should at this stage be presented with a Green Card (Form I-551 or a Permanent Resident Card). Cards are typically sent in the mail

Employment-Based Immigrant Visa Interview

Most would-be immigrants to the United States are required to schedule a visa appointment (at their application destination), where they will face questions about their upcoming trip to the United States. In addition to confirming biographical details about yourself (name, age, birthplace) you will also likely face questions about the nature of your travel to the US, with the ultimate goal of determining that you will be the following:

1. Aware of your visa’s terms and conditions and mindful of not violating them
2. An upstanding US resident (not commit crimes, threaten national security, etc.)
3. Able to financially afford your life in the United States, post immigration

When to apply for Employment-Based Immigrant Visa (if applicable)

It can take years to ultimately be approved for an immigrant visa to the United States. There are limitations to the number of visas that can be processed per year (see: numerical limitations). The processing time for EB visas also depends on where you are attending your visa interview appointment (i.e. the specific US Embassy/Consulate you are applying through). Generally speaking, applicants are typically advised to apply months if not years in advance of when they need to be in the country. This is because it can take months to get a visa interview (one of the main visa requirements), and even years for a submitted application to be processed. Many visas are granted at the end of a visa interview, others face days, weeks, or even longer periods of additional review. Contact your Embassy/Consulate for a better estimation of when to apply for your visa.  

Where to apply for Employment-Based Immigrant Visa

You can fulfill many of the EB application requirements online. However, essential parts of the application process must be accomplished in-person. In the event that you are applying from outside the United States, you will apply for your EB Visa at the US Embassy or Consulate in your country (i.e. the country in which you are currently living).

Numerical Limitations of Employment-Based Immigrant Visas

As noted above, there are limitations to the number of EB visas to the US that can be processed. Once this limit has been reached, the processing of pending applications will be paused until the following year. Your visa application will not start being processed until each of the applications preceding it (i.e. those applications submitted before yours, which are waiting in the queue) have been processed. As noted, this can mean months or even year-long waits for visa processing.