Immigration Workers are essential to the U.S. economy. The Immigration and Nationality Act (INA) regulates foreign professionals and skilled workers applying for temporary visas and permanent residence in the United States. INA created five employment-based preferences and divided them into the following sub-groups:

(1) The employment-based first preference (EB-1):

(a) Persons with Extraordinary ability:

What are the regulatory requirements to qualify for an Extraordinary Ability EB-1 visa?

To qualify for an EB-1 you will need to show extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. USCIS defines this as being for individuals who are at the top of their field in their home country or internationally.

There are 10 criteria for an EB-1 for which 3 must be satisfied. These criteria are:

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

To establish these criteria substantial documentation is required. If your EB-1 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status.

Here’s why pursuing an EB-1 might be the right choice for you:

  • No Labor Certification Requirement

Unlike other employment-based visas, the EB-1 does not require a labor certification. This means you do not need a job offer or sponsorship from a U.S. employer, and you can file the petition by yourself if you meet the eligibility criteria. This not only simplifies the process but also speeds it up significantly.

  • Faster Green Card Process

The EB-1 visa is part of the first-preference employment-based visa category, which tends to have shorter waiting periods than other categories. If you qualify, this visa could fast-track your path to obtaining a green card compared to other visa options. Currently, first preference visas are current, except for those from India and China, meaning that an applicant would be able to apply for adjustment of status and obtain a green card upon approval of their EB-1 petition.

  • Flexibility for Self-Petition

Certain EB-1 applicants, such as those under the Extraordinary Ability category, can self-petition. This means you are not tied to a specific employer, giving you greater flexibility and independence in your career and immigration journey.

  • Opportunity for Family Members

If approved, your spouse and unmarried children under 21 can also qualify for a green card, allowing your entire family to settle in the U.S. together. This makes the EB-1 an attractive option for individuals seeking permanent residency for their loved ones.

  • Long-Term Stability

Once you secure an EB-1 visa, you are on the path to permanent residency, offering you and your family long-term stability and the freedom to live and work in the U.S. without the need for additional visa renewals or job sponsorships.

(b) Outstanding Professors and Researchers:

This EB-1 category is limited to outstanding researchers and professors in academic fields. The applicants in this category are exempt from obtaining a labor certification. The offer of employment is however required and it should be from a University or Academic Institution. The offered employment should be a permanent, tenured, or tenure-track research position. Private and non-academic institutions may also qualify subject to certain requirements and the same should be properly documented.

(c) Multinational Manager:

Certain executives and managers of multinational organizations are eligible to apply for permanent resident status under the EB-1 Category. The eligibility of the applicant is based on his or her continuing employment with a company or organization, that is registered and has operations in more than one country including the United States. No labor certification is required but the offer of employment from a multinational company is required. To qualify as a multinational organization, the petitioning company or organization must have offices and have been engaged in business for one year prior to filing the petition in the United States and at least one other country. It includes offices of the same company, parent, subsidiary, or affiliate entities. However, entities are subject to certain qualifications and their qualifying relationship must be properly documented. The beneficiary`s employment is also subject to certain qualifications and it must be properly documented to demonstrate that the beneficiary was working in a managerial or executive capacity.

(2) Employment-Based Second Preference:

Individuals with advanced degrees and individuals of exceptional ability qualify under this category. If it can be demonstrated that their work will serve the national interest of the United States, the applicants with advanced degrees or those with exceptional ability could be exempt from the labor certification requirement.

The EB-2 category is available to those with advanced degrees, who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the economy, cultural or educational interest, or welfare of United States, and whose services are sought by an employer in the United States.

Unlike, the advance degree professionals, exceptional-ability applicants must file for labor certification and therefore should have a job offer. Otherwise, request a waiver of labor certification by showing that the applicants work will serve the national interest. This category is limited for individuals working in the field of sciences, arts, or business. Professional Nurses and Physical Therapist applicants may use schedule A precertification enabling them to skip the consuming process of labor certification, subject to meeting several specific requirements.

Both, advanced degree and exceptional ability professionals may seek waivers of the job offer and labor certification requirement.

National Interest Waiver

What is it?

  • The National Interest Waiver (NIW) is a shortcut for talented professionals who want an EB-2 Visa. Instead of a specific job offer and labor certification, they can skip that step if we can argue that their work substantially benefits the United States.

Who Qualifies?

  • Exceptional Talent: If you’re very good at what you do-like an outstanding scholar or researcher, who is making an impact above that of your peers.
  • Benefiting the U.S.: Your work should be important for the country’s interests. USCIS looks not only for talented individuals but also for individuals whose work benefits the country.

Why Choose NIW?

  • Flexibility: You don’t need a specific job offer or need to go through a lengthy labor certification process. You can be your own boss or work wherever your skills are needed.

How We Can Help:

  • Our law office specializes in making your NIW journey smooth. We guide you through the process, ensuring your exceptional talent and contributions shine, making your case strong for the EB-2 visa.

(3) Employment-Based Third Preference:

The Employment-based third preference category includes professionals, skilled workers, and other workers. In most cases, the first step in the process of permanent residence starts with labor certification. The labor certification process ensures that the domestic labor market has been tested and that there are no U.S. workers who are willing, able, and qualified for the position. This process calls for employers to conduct mandatory recruitment, consider U.S. applicants, and file an application with the Department of Labor.

After obtaining a labor certification, an immigration petition could be then filed with the USCIS subject to Visa availability and the wait required by the backlog in this category. Finally, the beneficiary receives a green card when the immigrant visa becomes available. This process wraps up either upon the conclusion of adjustment of status or through consular processing.

(4) Fourth employment-based preference: (Religious workers)

A certain number of religious workers can immigrate under this category. Even though religious workers are placed under this category, they are treated as a different specialty and the process is subject to stringent requirements.

Religious workers include ministers and those who work in a religious vocation and must have been a member of the denomination and working as a qualifying religious worker for at least two years. The religious worker should be coming to work for a bona fide non-profit religious organization of the same denomination.

(5) Fifth Employment-based Preference:

This is related to the Investment option, please click here for more information.