Permanent Employment EB-1 through EB-4
EB-1 Priority Workers
The EB-1 classification is open for 3 types of foreign nationals that:
- Possess Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics
- Are Outstanding Professors or Researchers
- Managers and Executives of multinational business entities who are on international transfer to the U.S.
Persons in this category are allowed to file for permanent residency (green cards) and do not need to file with the Department of Labor first. Thus, beneficiaries in this group enjoy the highest priority among all employment-based green cards. Individuals with extraordinary ability may self-petition. All other EB-1 petitions should be filed by the employer. Either you or your employer should file-in the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Aliens with extraordinary ability are defined by USCIS as individuals with “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.” The Nobel Prize or similar awards duly prove this status. However, there are alternative means of proving your extraordinary ability. As an outstanding professor or researcher, you should be internationally recognized in your field. You should be coming to the US to accept a tenure track position, and you should have had at least three years of experience in your academic field. As a manager or executive transferred to the US, you must have been employed outside the US as a manager or executive for at least one out of the past three years. The company you work for must have been seeking to enter the US to conduct business during that period of time. The monthly visa bulletin which is linked to our Client Resources page provides the most up-to-date information on availability of visas in the employment-based categories.
EB-2 Professionals and advanced degrees or persons with exceptional ability
The EB-2 classification is open to foreign nationals who are:
- Exceptional ability in the sciences, arts, or business
- Advanced degree professionals
- Qualified alien physicians who will practice medicine in an area of the U.S., which is underserved
To be classified as having exceptional ability in the sciences, arts, or business, you will have to prove through documentary evidence that you qualify through proof of academic achievement and some of this may be shown through including diplomas, degrees or certificates from colleges or universities, letters that prove you have at least ten years of full-time experience in your field, a license to practice your profession or certification in your specialty, proof that you have received a worthy salary for your services, membership in professional associations, and recognition in your field from peers, government officials or organizations. A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the US Interested candidates must show proof of their education and at least five years work experience. A physician applying for EB-2 visa can be exempted from the labor certification process if the sponsoring employer requests a national interest waiver on behalf of the qualified alien physician, or the alien physician self-petitioning for EB-2 on his own can show his entry into the U.S. is in the national interest. Labor certification obtained from the US Department of Labor is also required for most EB-2 petitions. The Department of Labor will either approve or deny the certification request. The labor certification typically involves satisfying the Department of Labor that its potential employee is not taking a job from a U.S. worker. In certain circumstances, individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest. Both the job and labor certification process will then be waived on the basis of national interest. Labor Certification can be time consuming, as various steps, documentation, testing and advertisement of the job are needed. We can work with employers on this process. Next, your employer should file the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment to bring the employee to the US. This form should contain all necessary documents and evidence. However, if the applicant is already in the U.S., he or she can apply to adjust to permanent resident with the appropriate USCIS branch office if a visa is available in the category. The EB-2 category is subject to numerical limits and demand by employers is greater than the number of visas available on a yearly basis. The monthly visa bulletin which is linked to our Client Resources page provides the most up-to-date information on availability of visas in the employment-based categories.
EB-3 Skilled or professional workers
The EB-3 classification is open to foreign nationals who are:
- Professionals with bachelor’s degrees who do not qualify for either categories EB-1 and EB-2
- Aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree
- Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree
Skilled workers should have at least two years of experience, either through hands-on experience or through post-secondary education. EB-3 classification requires an employer advertise the position sought and an approved Labor Certification from the Department of Labor prior to filing with USCIS. The labor certification typically involves satisfying the Department of Labor by the employer that its potential employee is not taking a job from a U.S. worker. In certain circumstances, the employer and the potential employee may be able to show that the potential employee’s entry to the U.S. for the job in question is in the national interest. Both the job and labor certification process will then be waived on the basis of national interest. Labor Certification can be time consuming, as various steps, documentation, testing and advertisement of the job are needed. We can work with employers on this process. After an approval for labor certification is granted, an immigrant visa petition will then be filed with the USCIS by the employer to bring the applicant into the U.S. However, if the applicant is already in the U.S., he or she can apply to adjust to permanent resident with the appropriate USCIS branch office if a visa is available in the category. The EB-3 category is subject to numerical limits and demand by employers is much greater than the number of visas available. The monthly visa bulletin which is linked to our Client Resources page provides the most up-to-date information on availability of visas in the employment-based categories.
EB-4 Special Immigrants
The EB-4 classification includes 2 groups of foreign nationals:
- Religious workers – primarily ministers of religion
- Employees and former employees of the U.S. Government abroad who are foreign nationals
This category must file Form I-360, Petition for Amerasian, Widow(er), or special immigrant, concurrently with a host of other forms depending on their needs with the USCIS serving the area where the immigrant will work. For religious workers, you should have been working with your religious organization for at least two years, volunteer work does not qualify. Your religious organization must be a non-profit organization. You may not supplement your religious work with a second job or depend upon charity for support. You should be entering the US to work in one of the following capacities:
- As a minister or priest of your religious denomination
- In a professional capacity in a religious vocation or occupation for your religious organization (this requires a bachelor’s degree or its equivalent).
- In a religious vocation or occupation for your religious organization or its nonprofit affiliate.
