(Employment based Immigration: First Preference) EB-1
The first preference applies to people with Extraordinary Ability (EB-1A), Outstanding Professors and Researchers (EB-1B) or Multinational Executives or Managers (EB-C). The important distinction between the 1st preference and the 2nd and 3rd preference is that a separate application with the department of Labor is not a pre-requisite for EB1. EB1A, also known as Extraordinary Green Card, applies to people with Extraordinary Ability in the sciences, arts, education, business or athletics. The individual must be able to show sustained national/international acclaim and his/her achievement must be recognized in the field of expertise. His/her expertise must also be beneficial to the United States.
Evidence of acclaim can be the winning of an internationally recognized prize such as a Nobel Prize, Pulitzer, Oscar, or Olympic Medal. In the absence of an internationally recognized prize, you can also submit evidence to show that you meet THREE of the TEN categories listed on the USCIS’s website.
We have already helped many professionals from diverse backgrounds and many countries including business persons, actors, singers, journalists, choreographers, folk singers, make-up artists, scientists, lyricists, authors, sport personalities, footballers, researchers, chefs, computer programmers, Miss (Countries), TV and Film producers, bankers, event planners, show promoters and many more individuals known in their nation in their area of expertise.
Consult with us to find out if you qualify for the Green Card through this category. The distinct aspect of this petition is that you do not need a job offer in the US to apply for this petition. You can file the petition for yourself (self-petition) based on your past achievements.
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- EB1B: Applies to professors and researchers who can demonstrate that they meet 2 of the 6 available criteria as listed in the USCIS’s website. While the criteria are relatively easier to meet in this category compared to EB1A, a job offer is mandatory. Educational institutes and research institutes chose this option for their foreign workers to retain them in the US permanently.
- EB1C: This category applies to Multinational Managers or Executives. Requirements for this category are similar to L-Visa with the notable difference being the permanent nature of the beneficiary’s involvement in the US.
People who qualify under this category can range from Managers and Executives in a large multinational company or a Manager and Executive in a foreign company which has opened a U.S. entity and is starting out doing business in the U.S. just for couple of years. An L-1 visa is not a pre-requisite to apply for a Green Card under this category as the U.S. employers can directly file for a Green Card for their executives or mangers that have been working or worked abroad for a year in the immediate past three years. Small, mid-sized and large companies frequently use this category to bring their talent to work for the U.S. on a permanent basis.
Employment Based Preference-2 (EB2)
An individual may qualify for Green Card through EB-2 if he/she is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Individuals claiming EB2 either through Advanced Degree or Exceptional Ability must be accompanied by an approved individual Labor Certification from the Department of Labor. Exceptional Ability is evidenced by fulfillment of the at least 3 of the criteria mentioned in the USCIS’s website. Requirement of approved Labor Certification from the Department of Labor can be waived for candidates who can show that they are of Exceptional Ability and that it is in the interest of the United States that they work permanently in the United States. Also called National Interest Waiver or NIW, many PhD students, scholars, researchers, postdoctoral research fellows go with this route as it avoids dealing with the lengthy Department of Labor PERM process.
While the NIW doesn’t require certification from Department of Labor, most of the EB-2 petitions indeed require Certification from the Department of Labor.
Employment Based Preference- 3 (EB 3)
An individual who is either a Skilled Worker, Professional or unskilled worker may qualify for this 3rd preference Employment Based Visa when accompanied by Labor Certification and a permanent full-time job offer.
PERM: Both EB2 (with the exception of NIW) and EB3 require Permanent Labor Certification from Department of Labor. The process of getting Permanent Labor Certification from the DOL is often called PERM (Program Electronic Review Management). In most cases, petition to the USCIS from the US Employer on behalf of their foreign employee needs to be accompanies with approved Permanent LCA. PERM process requires convincing DOL that there are not sufficient US workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The process of filing PERM is complicated and lengthy. We recommend a consultation with an experienced attorney before beginning this process. Please do not hesitate to talk to us to find out if our experience and expertise will be useful to your corporate immigration need.