EB 2 or EB 3?

C

chinthakaj

New Member
Hello,

I am a Sri Lankan citizen and a FAA certified commercial hot air balloon pilot. I have got a job offer in LA and already have a B1/B2 visa to the US. I plan to come to the US and apply for a GC based on a Job offer.

Could you please advise which category of EB visa will I be eligible for? As a specialty, I am well experience in flying large balloons that carry more than 16 passengers.

Once I am in the US, my employer will submit application for the labor certificate and subsequently the I140.

I was also wondering, since I will be on a B1/B2 visa, do I have to apply for a H1 visa? Or could you advice the process.

Thank you.
 
The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization are not subject to this numerical cap. Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap. The U.S. government’s fiscal year starts on Oct. 1. H-1B petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date.

http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements
 
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