What is an employment-based visa?

An employment-based visa (EB visa) is a visa classification that allows foreign nationals to live and work in a specific country based on their job skills, qualifications, or employment offer.

Employment-based visas allow you to live, study, and work in the country as an immigrant for an unlimited period. Often, you can become a permanent resident of the country, with all the rights that entails.

To enter a country on an employment-based visa, you must meet specific eligibility requirements. These requirements may sometimes include a full-time job offer from a prospective employer.

Need help applying for an employment-based visa? Deel Immigration has a 90% approval rate on visa applications. Our immigration experts handle the entire application process, from sponsorship and evidence gathering to consular processing. Learn more here.

How do employment-based visas help businesses?

EB visas do more than grant foreign nationals permanent resident status. As an employer, these visa categories allow you to import global talent for your business.

For example, for businesses based or expanding in the US, high preference visas like the US EB1 and EB2 provide entry into the country to workers with exceptional abilities and advanced degrees. This caliber of employees can improve your company’s performance. Their specialized knowledge and unique skills can give your company a competitive edge.

International workers also add to the cultural diversity of a workplace. If there are no qualified workers to fill a position, employment-based visas help you grow your team.

"I worked with [Deel Immigration] to get my O1 visa and an EB-2 green card for my company, HireSweets. I’ve been blown away by the experience, the level of availability, and the level of transparency [...] I feel all the difference in responsiveness and help compared with the previous lawyers I worked with. It is incomparable. I would 100% recommend."- Robin Choy, Founder of HireSweets

How many types of employment-based visas are there?

This depends on the country.

In the US, there are five employment-based visa categories. Each category represents a preference level based on the applicant's skills or qualifications. They are:

EB-1 visa

The EB-1 visa is a first-preference visa category for applicants who demonstrate extraordinary abilities in their field. Fields that fall within this purview include athletics, sciences, arts, education, and business.

As an applicant, you must provide evidence of the national or international acclaim you have received for your work or talents. EB-1 visas are further categorized into:

• EB-1A: Visa for extraordinary ability
• EB-1B: Visa for outstanding researcher or professor
• EB-1C – Visa for managerial or executive work in a multinational company
• EB-1 visas do not require Labor Certification or a PERM Application from the

Department of Labor. Beneficiaries can self-petition and do not need to prove a lack of similarly qualified workers in the US.

EB-2 visa

If you have an advanced degree or exceptional ability, you may gain entry into the United States through the EB-2 visa. This second preference category requires a US employer to petition on behalf of a beneficiary. Applicants must also prove that there are no qualified workers in the US to fill their position.

One subcategory of the EB-2 does not include this requirement. To qualify for the EB-2 National Interest Waiver (NIW), applicants must show that their ability will significantly benefit the nation.

EB-3 visa

The EB-3 visa is a third preference visa for skilled, professional, and unskilled workers who do not qualify for EB-1 and EB-2 visas. The eligibility criteria for the EB-3 visa are less strict than those of the first two categories. This often translates into longer processing times.

The USCIS releases about 40,000 EB-3 visas every year. Like the EB-2, applicants cannot self-petition, and a US employer must apply for PERM certification. Applicants in the unskilled category can qualify with less than two years of training or experience as long as their job is not temporary or seasonal.

See also: How to get a US work visa for a foreign worker

EB-4 visa

The fourth preference visa category, the EB-4, is reserved for special immigrants. The US Citizenship and Immigration Services (USCIS) grants 10,000 EB-4s annually, usually to applicants who do not qualify for the other three categories. Popular beneficiaries include:

• Religious workers entering the country to work for not-for-profit religious organizations
• Iraq or Afghanistan translators who worked for the US government
• Special juvenile applicants who need juvenile court protection
• Retired NATO employees or officers

EB-5 visa

The final and fifth EB category is the EB-5 visa. This fifth preference visa applies to foreign investors looking to invest substantially in a US company.

Applicants can invest in a new or existing company or franchise based in the country. Like the EB-1, this visa category does not require Labor Certification or a PERM application.

Which EB visa do you qualify for? Use Deel's eligibility checker to determine which visa category best applies to your situation. Try our free assessment today.

How long does it take to get an employment-based visa?

The actual processing time for EB visas depends on several factors, including your home country, the type of visa you apply for, when you apply, and who sponsors your visa.

In the US, for example, applying for an employment-based visa takes 6 to 9 months on average. Once approved, most employment-based visas are valid for 10 years from the issuance date. You can renew them indefinitely at 10-year intervals for as long as you are still eligible.

See also: How to get the best global talent for your startup with EOR visa sponsorship

Can you switch employers on an employment-based visa?

Switching employers on an employment-based visa can be possible, but the process and requirements vary based on the type of visa and the country's immigration policies.

In the US, for example, the American Competitiveness in the Twenty-First Century Act (AC21) defines portability rules that allow EB-visa holders to change their employers without leaving and reentering the country. Said visa holders must meet the set requirements.

Like the initial application process, most EB visa transfers are initiated by the employer. In the US, the future employer must file a relevant petition with the USCIS to transfer the employee's work visa. If the USCIS approves the petition, the applicant's EB visa will transfer to their new employer.

An immigration expert can help you determine how best to change your employer. Does HR play a role in the employment-based visa application process?

Yes. When an employer chooses to sponsor a worker on an employment-based visa, the HR department oversees the process. HR experts often work closely with immigration specialists to:

• Pick the right employment-based visa
• File petitions with the right government body to initiate the visa application process
• Coordinate with the embassy or consulate in the beneficiary’s home country to arrange visa interviews
• Onboard and manage payroll for immigrant workers
• Uphold labor laws for immigrant workers
• Support cultural integration for immigrant workers

Are there compliance concerns surrounding employment-based visas?

Employment-based workers and their employers must adhere to the labor and immigration laws in their country of operation. To this end, HR departments maintain accurate and up-to-date records and track regulatory changes and visa renewal dates to protect their companies from non-compliance.

In the US, employers with workers on EB visas may be subject to random or targeted audits from the DOL. The DOL monitors such companies to ensure that they are not taking jobs from US workers and that immigrant workers are working under fair conditions and being paid the prevailing wage.

Need help navigating global compliance? Deel’s comprehensive hiring support covers 40+ countries. See how Deel helped SiteMinder expand into global markets while maintaining compliance.

"Deel provides in-country support with clear processes. The easy-to-use platform ensures we can streamline operations across our whole organization, from our talent acquisition team to accounts payable, and understand when and who they need to engage with. It's simplification in motion.” —Bec Donnelly, Vice President of People at SiteMinder

Can a country deny your employment visa?

Yes. A host country maintains the right to deny or approve your EB visa request. Denials usually happen when you do not meet the eligibility criteria for the visa you applied for. In this case, you may apply for a different visa. Other reasons your visa application may be denied include:

• Incidents of drug trafficking
• Submitting fraudulent documents
• Overstaying your previous visa

In the US, the USCIS may deny an EB visa because the US employer sponsoring it does not have labor certification. Learn more about visa ineligibilities here.

See also: Employee visa application guide for enterprises

Fast-track your employment-based visa application with Deel

Employment-based visa categories help businesses tap into the global talent pool and workers to work anywhere they want. Whether you need an EB visa to grow your team or find permanent work in another country, the Deel Immigration team can help you navigate the application process. Our experts handle visa sponsorships, applications, including for spouses and children, and renewals.

Contact the team today to get started.