The First preference category known as EB-1 is a category for special individuals who are at the top of their field. These include applicants with Extraordinary ability Eb-1(a) (national or international acclaim in the sciences, arts, education, business, or athletics), Outstanding professors and researchers Eb-1(b) (international recognition for their outstanding achievements in a given academic field with at least 3 years experience in teaching or research), and Multinational manager or executive Eb-1(c) (must have been employed outside the U.S. in 3 years prior to the petition working at least 1 year at a firm or corporation and you must seek to enter the U.S. to continue service for that firm n a managerial or executive capacity with the same employer, affiliate, or subsidiary). Upon approval, the applicant and his or her family members (husband, wife and unmarried children under 21) may be eligible to get a green card.
The Second preference category known as EB-2 is available to applicants who hold advanced degrees (must show it is required for the job), are the exceptional inability, or seek national interest waiver (must show Labor Certification should be waived because it is in the interest if the U.S.). Only the National Interest Waiver does not require the Labor Certification and an applicant through this category can self-petition, meaning they do not need an employer to sponsor them.
The Third preference category known as EB-3 allows certain “skilled workers” (2 years minimum experience), “professionals” persons with U.S. baccalaureate degree or foreign equivalent, or “other workers” (unskilled labor requiring less than 2 years experience) to apply for an EB-3 visa then subsequent permanent resident green card. However, this category requires a Labor Certification from the Department of Labor on Form ETA-9089. This category is often backlogged for many countries as well so waiting years is common for many applicants. Once approved, you are eligible for green card status. Your family members may also apply for permanent resident green card status and be eligible to file for Employment Authorization during the process. Your children may also be admitted.
Our firm has assisted clients with obtaining Employment-Based Visas and Green Cards in the major preference categories of EB-1, EB-2, and EB-3. If you have questions related to EB-1, EB-2, or EB-3 Visas, contact us today at (866)691-9894 to set up a consultation.