Employment-Based Immigration Attorneys (EB1, EB2 & EB3 Visas)

Green Card Through Employment

There are five employment based categories through which a foreign worker may immigrate to the U.S. and receive a green card. The first preference includes priority workers, the second preference includes professionals holding advanced degrees and persons with exceptional ability and the third preference includes professionals, skilled workers and other workers. The fourth preference consists of religious workers such as priests, imams, ministers, rabbis, and monks. And lastly, the fifth preference includes immigrant investor which is discussed in a separate section.

Priority Worker (EB1)

The first preference consists of three subgroups, each with distinct requirements for eligibility: (a) persons of extraordinary ability, (b) outstanding professors and researchers, and (c) multinational executives and managers.

  • Extraordinary Ability: To qualify, you do not need a job offer but must possess 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.
  • Outstanding Professor and Researcher: To qualify, you must be internationally recognized as outstanding in their specific academic area, have a minimum of three years of experience in teaching or research in the area and be entering the U.S. in a tenure or tenure track teaching or comparable research position at an institution of higher education.
  • Multinational Executives and Managers: To qualify, you must have been employed as a manager or executive outside the United States for the same U.S. employer, subsidiary or affiliate of the U.S. employer for at least one year within the last three. You must also be entering the United States to work as a manager or executive of the U.S. employer.

Advanced Degreed Professional/Exceptional Ability (EB2)

The second preference category consists of members of the professions holding advanced degrees and aliens who, because of their exceptional ability in the sciences, arts or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

  • Advanced Degree: Generally, this category requires that the worker have a masters degree or a bachelors degree and five years of work experience in the specialty. Also, the position for which the worker is being must also require that the applicant have an advanced degree.
  • Exceptional Ability: Generally, this category requires that the woker must have a degree of expertise significantly above the ordinary as shown by evidence satisfying at least three of the following criteria which appear at 8 CFR §204.5(k)(3)(ii):

-An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
-Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
-A license to practice the profession or certification for a particular profession or occupation;
-Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
-Evidence of membership in professional associations; or
-Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

Professionals/Skilled Workers/Other Workers (EB3)

The third preference is for skilled workers, professionals and other workers. Skilled workers are cover positions which require a minimum of two years of training or experience. Professionals must possess a bachelor degree in their field and must establish that a bachelor degree is the required for entry into the profession. The category of “other workers” includes various unskilled workers.

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