EB1 and EB2 Permanent Employment Visas
EB-1 Extraordinary Ability Aliens
The EB1-1 Visa, or Employment-Based Extraordinary Ability Green Card (First Preference), is available to foreign nationals who demonstrate extraordinary ability in the arts, education, sciences, business, or athletics. By demonstrating evidence of “sustained national or international acclaim”, a qualified foreign worker can demonstrate eligibility for a green card under this unique category. Only individuals at the top of their field will qualify under this visa category.
No labor certification is required under the EB-1 Extraordinary Ability Alien visa category. Additionally there is generally no visa backlog making the process one of the faster routes to permanent residency absent processing delays.
EB1-2 Outstanding Researcher / Professor
University Professors and Researchers who do not qualify under the EB1 Extraordinary Ability visa category may find they qualify under the EB1 Outstanding Researcher or Professor category instead. This category also bypasses the Labor Certification requirement. To qualify, you must demonstrate at least 3 years experience in teaching or research in an academic area, be pursuing a tenure or tenure track teaching or comparable research position at a university or other institution of higher education and show eligibility of outstanding achievement in your field.
EB1-3 Executives and Managers
The EB-1 visa category for Executives and Managers is reserved for aliens who are among the most accomplished in the arts, business, education, science or sports. Immigrant visa numbers are immediately available to qualifying individuals.
To qualify, aliens must be entering the United States to continue to work for an organization or business that has employed the beneficiary in a managerial or executive capacity outside the country for at least one of the preceding three years. The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.
EB-2 National Interest Waivers
Aliens doing work deemed to be in the national interest of the United States may qualify under this category.
The normal requirement of an approved labor certification and job offer is waived for the sake of the “national interest of the United States.” To qualify for an NIW petition, the applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business. The beneficiary must also persuasively demonstrate that his or her proposed endeavor has both substantial merit and national importance; that he or she is well-positioned to advance this endeavor; and that it would therefore be beneficial to the United States to waive the requirement of a job offer and labor certification.
EB-2 Advanced Degree Aliens
Aliens with an advanced degree qualify under the EB-2 visa category. The position must require the advanced degree and a labor certification and job offer is required. The alien may either show they earned an advanced degree either from a US or foreign university or the equivalent (bachelor’s degree plus 5 years of progressive experience.)