Overview
The USA offers multiple employment-based visas for skilled foreign workers, primarily through non-immigrant (H-1B) and immigrant (EB-3) routes. Both require job offers and employer sponsorship.
H-1B Visa (Non-Immigrant)
- Requires a bachelor’s degree (or equivalent experience) in a specialized field
- Annual cap of 85,000 visas (including 20,000 for US master’s degree holders)
- Employer must file LCA with the Department of Labor
- Lottery system for new applications
- Initial validity: 3 years, extendable to 6 years
EB-3 Visa (Immigrant – Green Card)
- Employment-based permanent residency (Green Card)
- Subcategories:
- Skilled Workers (2+ years experience)
- Professionals (bachelor’s degree)
- Unskilled Workers (limited jobs, but possible)
- Requires PERM Labor Certification and I-140 petition
- Longer wait times depending on country of origin
Eligibility Requirements
- Valid job offer from a US employer
- Meet qualification and experience for the position
- Employer must be willing to sponsor the visa and file necessary paperwork
- No major criminal convictions
Documents Required
- Valid passport
- Job offer letter
- Educational qualifications and transcripts
- Proof of work experience
- Resume/CV
- Labor Condition Application (LCA) or PERM approval
- I-129 (for H-1B) or I-140 (for EB-3)
Application Process
- Find a US employer willing to sponsor
- Employer files LCA (H-1B) or PERM (EB-3)
- Submit visa petition to USCIS (I-129 or I-140)
- Receive approval and complete DS-160 form (if consular processing)
- Attend interview at US embassy (for H-1B) or adjust status (EB-3 if inside US)
Visa Fees & Timelines
- H-1B filing: ~$460 (plus employer legal costs)
- EB-3: ~$700 for I-140, ~$1,225 for adjustment (varies)
- Processing time: 4–9 months for H-1B; 1–2 years for EB-3
Pathway to Green Card
H-1B visa holders can transition to Green Card via EB-2 or EB-3 categories through employer sponsorship while in the US.
Useful Links
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