Extraordinary Ability, Outstanding Researcher/Professor, or Multinational Executives/Managers. The US offers a wide range of both temporary visas and permanent resident visas (i.e., green cards) for employers, employees, investors, entrepreneurs, and others coming to the U.S. for employment or business-related purposes. We are experts in all aspects of employment and business-based immigration and can help you successfully navigate all of the law’s intricate requirements.
EB-1 VISA
EB-1A Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletes.
For aliens with extraordinary ability in sciences, arts, education, business, or athletics, applicants must show sustained national or international acclaim and benefit the US. Evidence required: major one-time achievement or three of the following:
- Receipt of lesser nationally or internationally recognized prizes or awards
- Membership in an association in the field for which classification is sought
- Published material in professional or major trade publications or other major media
- Participation as a judge of the work of others
- Evidence of original scientific, scholastic, artistic, athletic, or business-related contributions of major significance
- Authorship of scholarly articles in the field
- Artistic exhibitions or showcases
- Performance in a leading or cultural role for organizations or establishments with a distinguished reputation
- High salary or remuneration in relation to others in the field
- Commercial success in the performing arts No labor certification required.
EB-1B Outstanding Researchers and Professors For outstanding researchers and professors.
Must be recognized as outstanding in a specific academic area. At least three years of experience in teaching or research in the academic area required. Must be seeking entry to the U.S. to assume a:
- Tenured (or tenure track) teaching position within a university or institution of higher education
- Comparable position at a university or institute of higher education to conduct research, or
- Comparable position to conduct research with a private employer if it employs at least three full-time researchers and the department, division, or institution has achieved documented accomplishments in an academic field. No labor certification required.
EB-1C Multinational Executives and Managers. For multinational executives and managers.
Must have been employed abroad for one year in the last three years by a firm, corporation, or other legal entity, or by its subsidiary or affiliate, in a managerial or executive capacity. Must be seeking to enter the United States to render services to the same employer, or to a subsidiary or affiliate thereof, in a capacity that is managerial or executive in nature. The prospective United States employer must have been doing business for at least one year. No labor certification required.
Advanced Degree, Exceptional Ability or National Interest Waiver
Are you a highly skilled professional looking to immigrate to the United States for permanent residency? The EB-2 category may be for you. There are three subcategories of the EB-2 category: members of the professions holding an advanced degree or the equivalent, exceptional ability in the sciences, arts, or business, and national interest waiver.
EB-2 Members of the Professions Holding an Advanced Degree or the Equivalent.
To qualify for the EB-2 category for members of the professions holding an advanced degree or the equivalent, you must meet the following requirements:
- A job offer and labor certification from the Department of Labor are generally required.
- The advanced degree requirement is satisfied by a U.S. master’s degree or higher, or a foreign degree evaluated to be the equivalent of a U.S. master’s degree or higher.
- Alternatively, a U.S. bachelor’s degree or foreign degree plus five years of progressively more responsible experience can also satisfy the advanced degree requirement. It's important to note that there is an interpretive conflict between the Department of Labor and USCIS with regard to the EB-2 educational and experience requirements. Thus, it's highly recommended that competent counsel be retained to navigate this thorny issue.
EB-2 Exceptional Ability in the Sciences, Arts, or Business.
To qualify for the EB-2 category for exceptional ability in the sciences, arts, or business, you must meet the following requirements:
- Demonstrate expertise significantly above that ordinarily encountered in those fields by demonstrating any three of the following:
- Degree relating to area of exceptional ability
- Letter from current or former employer showing at least 10 years of experience
- License to practice profession
- Commanding a salary or remuneration demonstrating exceptional ability
- Membership in a professional association
- Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations
- Specifically demonstrate how you will substantially and prospectively benefit the national economy, cultural or educational interests, or welfare of the U.S.
- A job offer and labor certification from the Department of Labor are required.
EB-2 National Interest Waiver.
Individuals pursuing a National Interest Waiver (NIW) are seeking EB-2 permanent residence but requesting that USCIS waive the labor certification and job offer normally required of EB-2 applicants. All EB-2 applicants (including NIW seekers) must first qualify as either an advanced degree professional or an alien of exceptional ability. The initial criteria for an NIW are:
- The person seeks employment in an area of substantial intrinsic merit
- The benefit will be national in scope
- The national interest would be adversely affected if a labor certification were required. By obtaining an NIW, the applicant is essentially self-petitioning and does not need a job offer or employer sponsor. This can be especially advantageous for entrepreneurs, researchers, and those in other fields where traditional employment relationships are not common. However, the standard for demonstrating national interest is high, and it is essential to work with experienced immigration counsel to build a compelling case.
Professionals, skilled workers, and unskilled/other workers
Are you a professional, skilled worker, or unskilled/other worker looking to immigrate to the United States? The EB-3 visa is a third preference employment-based immigration category that allows individuals to come to the U.S. for work purposes.
EB-3 Visa
- EB-3 Professionals. Do you have a U.S. baccalaureate degree or foreign degree equivalent? Do you possess skills and experience that will enable you to work in the U.S.? If so, you may qualify for the EB-3 professional category. To qualify, you must demonstrate that a baccalaureate degree is the normal requirement for entry into your occupation and that you possess the necessary qualifications. Requirement: Possess a U.S. baccalaureate degree or foreign degree equivalent Requirement: Baccalaureate degree must be the normal requirement for entry into your occupation Requirement: Qualified workers are not available in the United States
- EB-3 Skilled Workers. Have you had at least two years of job experience or training? If so, you may qualify for the EB-3 skilled worker category. To qualify, you must demonstrate that you possess the necessary skills and experience to work in the U.S. Requirement: At least two years of job experience or training Requirement: Qualified workers are not available in the United States
- EB-3 Unskilled/Other Workers. Are you capable of performing unskilled labor that requires less than two years of training or experience? If so, you may qualify for the EB-3 unskilled/other worker category. To qualify, you must demonstrate that you possess the necessary skills and experience to work in the U.S. Requirement: Capable of performing unskilled labor requiring less than two years training or experience Requirement: Qualified workers are not available in the United States
