Common Employment-Based Immigrant Visas (EB-1 to EB-3)
EB-1A Visa: Extraordinary Ability Visa
EB-1C Visa: Multinational Executives and Managers
Purpose:
Aliens of Extraordinary Ability (EB-1A)
- with extraordinary ability nationally or internationally recognized ability in the sciences, arts, education, business or athletics
Multinational Executives or Managers (EB-1C)
- who have been employed outside the U.S. for at least one year in the last three years preceding the petition/the most recent lawful nonimmigrant admission for a foreign company seeking to transfer him or her to a related U.S. company
- who have been doing business for at least a year, have a qualifying relationship with the entity abroad, who have been selected to serve in an executive or manager capacity
If the EB-1 petitioner’s I-140 petition is approved, his or her spouse and unmarried children under the age of 21 may be eligible to qualify to immigrate as dependents.
Qualification Required:
Aliens of Extraordinary Ability (EB-1A)
- Must meet three of ten different criteria demonstrating recognition, membership in esteemed association, and contribution to the field; or show proof of a one-time major international achievement (i.e., a Pulitzer Prize, Oscar, Olympic Medal, etc.) and evidence showing a plan to work in the area of expertise
- No labor certification or offer of employment is required
Multinational Executives or Managers (EB-1C)
- Petitioning employer must be a U.S. employer and petitioner must be employed in a executive or managers capacity
- Employer must have a history of at least one year of doing business in the U.S. legally
- Petitioner must have a qualifying relationship to the entity abroad
- No labor certification is required
EB-2 Visa: Advanced Degree/Exceptional Ability Visa
Purpose:
Aliens with an Advanced Degree
- who have secured a job requiring an advanced degree or its foreign equivalent
- who hold a baccalaureate/foreign equivalent with five years of “progressive post-baccalaureate” work in the field
Aliens of Exceptional Ability
- who have exceptional ability in the sciences, arts, or business “significantly above that ordinarily encountered in the sciences, arts, or business”
If the EB-1 petitioner’s I-140 petition is approved, his or her spouse and unmarried children under the age of 21 may qualify to immigrate as dependents.
Qualification Required:
Aliens with an Advanced Degree
- Must show documentation of a U.S. or foreign advanced degree through official academic record or documentation of a U.S. or foreign baccalaureate degree through official academic record and proof of five years of “progressive post-baccalaureate” work in the field
- *Documentation of a doctoral degree or foreign equivalent may be required if the job customarily requires it
- General labor certification is required
Aliens of Exceptional Ability
- Must meet three of ten different criteria demonstrating an academic achievement, license or degree related to the field, proof of ten years of experience, membership in a professional association, and/or other comparable evidence
- Schedule A Blanket Labor Certification is required
National Interest Waiver (NIW):
- EB-2 petitioners may request a waiver of the job offer/labor certification requirement if the proposed endeavor has both substantial merit and national importance, the petitioner is positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification
EB-3 Visa: Professionals, Skilled Workers, Unskilled Workers
Purpose:
Professionals
- with a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation
- Education and experience may not be substituted for a baccalaureate degree
- who are performing work for which qualified workers are not available in the United States
- who meet any other requirements specified on the labor certification
Skilled Workers
- with 2 years of job experience, education, or training that meets the job requirements specified on the labor certification
- who are performing work for which qualified workers are not available in the United States
Unskilled Workers
- who demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature
- who performing work for which qualified workers are not available in the United States
- who meet any other requirements specified on the labor certification
The EB-3 visa holder’s spouse and unmarried minor children may qualify to immigrate as dependents.
Qualification Required:
- Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089
- Employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers