EMPLOYMENT-BASED IMMIGRATION

EB-1: First Preference

For individuals who have an extraordinary ability (EB-1A), are outstanding professors and researchers (EB-1B), and multinational executive or managers (EB-1C).

EB-1A Extraordinary Ability: Need at least 3 out of the 10 listed criteria below to prove extraordinary ability in the fields of sciences, arts, education, business or athletics:

  • Received lesser nationally or internationally recognized prizes or awards for excellence
  • Has membership in associations in the field which demand outstanding achievement of their members
  • Published material about the petitioner in professional or major trade publications or other major media
  • Proof of the petitioner has been asked to judge the work of others, either individually or on a panel
  • The petitioner’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Petitioner has authored of scholarly articles in professional or major trade publications or other major media
  • The work has been displayed at artistic exhibitions or showcases
  • Proof of the petitioner’s performance of a leading or critical role in distinguished organizations
  • Received a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of the petitioner’s commercial successes in the performing arts

EB-1B Outstanding Professors and Researchers: Need at least 2 listed below to demonstrate the international recognition for the outstanding achievement in the academic field:

  • Received major prizes or awards for outstanding achievement
  • Has membership in associations that require their members to demonstrate outstanding achievement
  • Published material in professional publications written by others about the alien’s work in the academic field
  • The petitioner’s participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Proof of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

EB-1C Multinational Manager or Executive: Need to demonstrate that the petitioner has been working for the U.S. employer for at least 1 year that as an affiliate, a subsidiary or as the same corporation or other legal entity that employed him/her abroad.

Application Process

EB-1A: Petitioner file Form I-140 for himself/herself
EB-1B and EB-1C: The U.S. employer file Form I-140 for the foreign workers
For more information about Employment-Based Immigrant visa, you may check U.S. Citizenship and Immigration Services’ web page: EB-1

 EB-2: Second Preference

For individuals who are members of the professionals hold an advanced degree or its equivalent, or individuals have bachelor’s degrees with at least 5 years of working experience in the profession, and for persons with exceptional ability in the fields of sciences, arts, or business.

The occupational categories and requirements for EB-2 are listed below:

  • Official academic record showing that the alien worker has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the field of the worker’s exceptional ability
  • Letters documenting of full-time experience for at least 10 years in the related occupation
  • A license to practice the alien worker’s profession or certification for the related profession or occupation
  • Proof of receiving a salary or other remuneration for services that demonstrates the worker’s exceptional ability
  • Membership in a professional association(s)
  • Recognition for the alien workers’ achievements and significant contributions to the related industry or field of the peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Note: EB-2 petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. The U.S. employer needs to file a Form I-140 for the alien worker.

Family of EB-2 Visa Holders

The spouse and children under the age of 21 of the EB-2 visa holder may be admitted to the United States in E-21 and E-22 immigrant status, respectively. The spouse is also eligible to file for an Employment Authorization Document (EAD) during the process of applying for permanent resident status (status as a green card holder).

For more information about Employment-Based Immigrant visa, you may check U.S. Citizenship and Immigration Services’ web page: EB-2

EB-3: Third Preference

For individuals who are a skilled workers, professionals, or unskilled workers (other workers).

Eligibility Requirements

  1. Skilled workers: Requires a minimum of 2 years training or work experience that are not of a temporary or seasonal nature.
  2. Professionals: Requires at least a U.S. bachelor’s degree or a foreign equivalent and are a member of the professions.
  3. nskilled workers (other workers): For individuals who perform unskilled labor requiring less than 2 years training or experience that are not of a temporary or seasonal nature.

Note: A longer waiting time should be existed due to the less stringent requirements for EB-3 petition. The alien workers may refer to the “Department of State: Visa Bulletin” link for more information. EB-3 petitions must be accompanied by and approved individual “Labor Certification” which issued by Department of Labor. The U.S. employer needs to file Form I-140 for the alien workers and to prove that the employers are able to pay the offered wage as of the visa priority date.

Family of EB-3 Visa Holders

The spouse of the EB-3 visa holder may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). And the EB-3 visa holder’s children under the age of 21 may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (the child of an “other worker”). The spouse is also eligible to file for an Employment Authorization Document (EAD) during the process of applying for permanent resident status (status as a green card holder).

For more information about Employment-Based Immigrant visa, you may check U.S. Citizenship and Immigration Services’ web page: EB-3

EB-4: Fourth Preference

For individuals who are special immigrants as follows:

  • Religious Workers
  • Broadcasters in the U.S.
  • Iraqi/Afghan Translators/Interpreters
  • Iraqis and Afghan Nationals Who Have Assisted the United States
  • International Organization Employees
  • Physicians
  • Armed Forces Members
  • Panama Canal Zone Employees
  • Retired NATO-6 employees
  • Spouses and Children of Deceased NATO-6 employees

Note: The U.S. employer needs to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant for the alien workers. The employee may self-petition on his/her own behalf under certain situations. Labor certification is not required for the categories mentioned above.

Family of EB-4 Visa Holders

The spouse and children who are unmarried and under the age of 21 may also be admitted to the United States.
For more information about Employment-Based Immigrant visa, you may check U.S. Citizenship and Immigration Services’ web page: EB-4