Employment-Based Immigrant Visas are Divided Into the Following Categories:

 

First Preference (EB-1)

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Priority Workers – Individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managerial intracompany transfers.

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The EB-1 category covers:

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• Individuals with extraordinary ability in the arts, sciences, education, business or athletics.

• Outstanding professors or researchers.

• Managers and executives soon to be transferred to the US.

 

Individuals with Extraordinary Ability

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USCIS defines this category of foreign nationals 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.” Also, the petitioner’s entry into the US based on extraordinary ability must “substantially benefit prospectively the United States.”

 

To apply for this category you must submit evidence of a one-time achievement such as a major internationally recognized award (like a Nobel Prize) or at least three of the following requirements as proof with your completed application to USCIS:

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• Receipt/Proof of lesser recognized prizes or awards for excellence.

• Membership in association in your field of expertise which demands outstanding achievement of its members.

• Articles published about you in major publications and other media.

• Proof that you have judged others’ works as an individual or on a panel.

• Proof that you have made original contributions to your field.

• Proof that you have published articles about your field in major publications and other media.

• Proof that your work has been showcased or displayed in exhibitions.

• Proof that you hold a leading or critical role in a distinguished organization.

• Proof that you receive high payments for your work in relation to your peers.

• Proof of commercial success in the performing arts.

 

Note: Comparable evidence is acceptable in certain situations.

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Outstanding Professors and Researchers

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To be classified as an outstanding professor or researcher, you must:

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• Be internationally recognized in your field;

• Have at least three years’ experience in research or teaching in your academic area; and

• Have a job offer from an accredited university / institution for higher education to work in a tenure-track teaching / comparable research program. The job offer can also be for a permanent research position at a private institution, provided the department employs at least three full-time researchers and has achieved documented accomplishments in an academic field.

 

To apply under this category, you must be “recognized internationally as outstanding in the academic field” as evidenced by documentation of at least two of the following:

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• Receipt of major prizes or awards for outstanding achievement.

• Membership in associations in your profession, which demands outstanding achievement from their members.

• Articles about your work that have appeared in major publications.

• Proof that you have judged others’ work in the same area or allied academic field.

• Proof that you have made original scientific or scholarly research contributions to your field.

• Proof that you have authored scholarly books or articles (in scholarly journals with international circulation) in the field.

 

Multinational Managers and Executives

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The EB-1 category allows multinational companies to transfer their executives or managers to the US from their parent and affiliate offices outside the US.

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To apply as a multinational manager or executive, you must prove that:

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• You have worked as a manager or executive in an overseas office of your US sponsor for at least one out of three years preceding the transfer to the US.

• You will be joining the sponsoring US company as an executive or manager.

• The sponsoring US company must show that it has a qualifying legal and ownership relationship with the company overseas.

Procedure for Applying for an EB-1 Visa

Individuals with extraordinary ability may self-petition and do not need a sponsoring employer to apply for their visa. They are also exempt from the labor certification process. All other EB-1 visa petitions require a sponsoring employer.

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Second Preference (EB-2):

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Members of professions holding advanced degrees or who exhibit exceptional ability in the sciences, arts or business and who will prospectively benefit the US.

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The EB-2 classification is open to:

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• Individuals with exceptional ability in the sciences, arts or business.

• Professionals with advanced degrees.

• Physicians intending to practice medicine in under-served areas.

Individuals with Exceptional Ability in the Sciences, Arts or Business

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USCIS defines “exceptional ability” in the sciences, arts or business as “a degree of expertise significantly above that ordinarily encountered.”

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Professionals with Advanced Degrees

USCIS defines an advanced degree as “a professional or academic degree, given by a US institution, beyond that of a baccalaureate” (i.e. above a bachelor’s degree).

A foreign degree from an overseas institution is acceptable only if USCIS determines that the degree is equivalent to a US degree.

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Qualified Physicians

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If you are a qualified physician who will be practicing in a “medically underserved area,” you may be eligible to apply for an employment-based visa under the EB-2 and qualify for a national interest waiver.”

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Third Preference (EB-3)

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Skilled workers performing work that requires at least two years’ experience, professionals holding a bachelor’s degree or higher, and other workers performing unskilled labor.

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The EB-3 category includes:

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• Individuals with at least two year experience as skilled workers.

• Professions with a bachelor’s degree.

• Unskilled laborers who possess less than two years of experience with work for which US workers are not available.

 

Documents required for an EB-3 Visa

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To apply for EB-3, the following are required:

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• A job offer from your US employer which states that he/she is hiring you for a job for which you have the requisite training/education.

• Labor Certification from the US Department of Labor.

 

Note: Without exception, all EB-3 applications must include both a Labor Certification and a job offer. The job requirements and your background determines whether you are classified as “skilled,” “unskilled,” or “professional.”

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To qualify as:

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• Skilled: You must show evidence of capability in an occupation that requires at least two years of training or experience in your skill set.

• Professional: You must show evidence of a US bachelor’s degree (or its equivalent) to join the profession. 

• Other Workers: You must show that you have the required experience for the job.

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How to Apply for an EB-3 Visa:

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• Your employer must obtain an approved Labor Certification, which mentions that the position offered requires the education, training or experience that you possess.

• After the Labor Certification has been approved, your employer must file Form I-140 (Petition for Alien Workers) on your behalf.

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