EB-1A-Extra Ordinary Ability Workers

Applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Applicant must meet at least 3 of the 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that the applicant will be continuing to work in the area of his/her expertise. No offer of employment or labor certification is required.

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about applicant in professional or major trade publications or other major media
  • Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
  • Evidence of applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of applicant’s authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that the applicant’s work has been displayed at artistic exhibitions or showcase
  • Evidence of applicant’s performance of a leading or critical role in distinguished organizations
  • Evidence that the applicant commands a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of applicant’s commercial successes in the performing arts

EB-1B – Outstanding Professors and Researches

Applicant must demonstrate international recognition for his/her outstanding achievements in a particular academic field. Applicant must have at least three years of experience in teaching or research in that academic area. Applicant must be entering the United States to pursue tenure or a tenure-track teaching position, or a comparable research position at a university, institution of higher education, or private employer.

Applicant must meet at least two of the six criteria listed below and provide an offer of employment from the prospective U.S. employer. The private employer must show documented accomplishments and employ at least three full-time researchers. No labor certification is required.

  1. Evidence of receipt of major prizes or awards for outstanding achievement.
  2. Evidence of membership in associations that require their members to demonstrate outstanding achievement.
  3. Evidence of published material in professional publications written by others about the applicant’s work in the academic field.
  4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
  5. Evidence of original scientific or scholarly research contributions in the field.
  6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

EB-1C Multinational Managers and Executives

Applicant must have been employed outside the United States as a manager or an executive for at least one year within the three years immediately preceding the petition. If the applicant is already working for the U.S. sponsoring employer, he/she must have worked for one year within the three years before being admitted to the United States on any non-immigrant visa. The U.S. employer must have been doing business for at least one year and have a qualifying relationship with the entity that employed the applicant abroad. No labor certification is required.

EB-2 – Advanced Degree Professional and Exceptional Ability Worker / EB-2 – Advanced Degree Professional

This is the second step of the PERM based green card process, which requires obtaining a Labor Certification from the Department of Labor. An advanced degree professional must have a U.S. master’s degree or a bachelor’s degree (or its foreign equivalent) with five years of progressive work experience. Experience must be gained after obtaining the degree. Qualifications must be met before the filing date of the PERM application. An official academic record showing the applicant’s U.S. advanced degree or U.S. bachelor’s degree (or its foreign equivalent) and letters from current or former employers showing that the applicant has at least five years of progressive post-bachelor work experience in the specialty (if applicable) are required.

EB-2 – Exceptional Ability Workers

Applicants must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Applicants must meet at least three of the criteria below:

  1. An official academic record showing that the applicant has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to his/her area of exceptional ability.
  2. Letters from current or former employers documenting at least ten years of full-time experience in the applicant’s occupation.
  3. A license to practice his/her profession or certification for his/her profession or occupation.
  4. Evidence that the applicant has commanded a salary or other remuneration for services that demonstrates his/her exceptional ability.
  5. Membership in one or more professional associations.
  6. Recognition for the applicant’s achievements and significant contributions to his/her industry or field by peers, government entities, or professional or business organizations.

EB2- NIW (Labor Certification is not required)

An applicant applying for a national interest waiver is requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavor that qualifies for a national interest waiver is not defined by statute; instead, USCIS considers the three factors below. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them):

  1. The proposed endeavor has both substantial merit and national importance.
  2. The applicant is well positioned to advance the proposed endeavor.
  3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus the labor certification.

EB-3 – Professionals / Skilled Workers / Unskilled Workers

This is the second step of the PERM based green card process for professionals with a bachelor’s degree and less than five years of experience, or for skilled workers who do not have a four-year bachelor’s degree or its equivalent.

Professionals

Labor certification, attesting that there are no qualified, able, willing, and available U.S. workers, is required. Additionally, a job offer from a sponsoring employer is required. A bachelor’s degree or its equivalent foreign degree and less than five years of experience fall into this category. Unlike the H-1B visa, a combination of education and experience cannot be used to substitute for a bachelor’s degree (a single-source degree is required).

Skilled Workers

Applicants are required to have at least two years of work experience in a related area to the job. Some applicants with three-year bachelor’s degrees may fall into this category. Labor certification and a job offer from a sponsoring employer are required.

Unskilled Workers

Applicants with less than two years of experience who are not temporary or seasonal workers fall into this category (e.g., janitors, grocery clerks, etc.). A job offer from a sponsoring employer and labor certification are required.