EB-1 Employment Based Immigration-Permanent Workers
EB1-A Alien of Extraordinary Ability Immigrant Visa Petition
Commonly known as the EB1-A Alien of Extraordinary Ability Immigrant Visa Petition, this immigrant visa petition is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics
This immigrant visa petition allows petitioners/beneficiaries to self-petition, meaning that petitioners/beneficiaries are not required to have a prospective employer (unlike EB1-B and EB1-C, and other preference categories), but they need to prove that they will be entering the United States to continue to work in their chosen field and will substantially benefit prospectively the United States. The petitioners/beneficiaries must also show that they have maintained sustained national or international acclaim with recognize achievements.
EB1-B Outstanding Professors and Researchers
To qualify, you must demonstrate international recognition for your outstanding achievements in a particular academic field and have at least three years of experience in teaching or researching in that academic area. You must be entering the United States to pursue tenure, a tenure track teaching, or comparable research position at a university or other institution of higher education. You must also have a job offer from a university, institution of higher learning, or department, division or institute of a private employer.
EB1-C Multinational Manager or Executive
Commonly known as the Multinational Manager or Executive Immigrant Visa, this visa allows applicants to work at a branch, parent, affiliate, or subsidiary of their current foreign employer in a managerial or executive capacity. The applicant must have been employed by the same employer abroad continuously for 1 year within the 3 years preceding the petition (or the most recent lawful nonimmigrant admission if the applicant is already working for the U.S. petitioning employer).
EB-2 National Interest Waiver (NIW)
The National Interest Waiver (NIW) is a type of employment-based, second preference (EB-2) visa that allows advanced degree/exceptional ability workers to seek exemption from the labor certification process and job offer requirement. The labor certification may be waived if it is in the national interest of the United States, and applicants may be eligible if they are professionals with advanced degrees (or their equivalent) or have exceptional ability.
EB-2/EB-3 Labor Certification (PERM)
The Permanent Labor Certification Process, commonly referred to as “PERM,” is a U.S. Citizenship and Immigration Services (USCIS) visa program in conjunction with the U.S. Department of Labor (DOL). Through this program, a qualified intending immigrant, such as yourself whom we will refer to herein as the “Foreign Worker,” may apply for permanent residency based on a job offer from a company in the U.S.
To apply, the Employer must go through a 3-phase process to establish that:
1. DOL: There are no available and qualified U.S. workers for the offered position;
2. USCIS: The Foreign Worker meets the minimum job requirements, and the Employer has the ability to pay the offered wage; and
3. USCIS/DOS: The Foreign Worker is eligible for permanent residency (i.e., commonly referred to as “green card”).