Follow Us x
EB Visas are known as Employment Based Green Cards.
There are 4 different types of categories under the Employment Visa Bulletin that allows a Foreign National to obtain a Green Card through their Employer or based on the Foreign National's achievements and accolades.
EB1 is a first a First Preference Employment Based Visa for that allows Foreign Nationals to obtain their green card/lawful permanent residency if the applicant possesses extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. Unlike most EB2 and EB3 categories, no labor certification is required.
EB1-A - Person Of Extraordinary Ability
- A person with extraordinary ability in sciences, arts, education, business or athletics. The applicant must demonstrate evidence of their qualifications by showing "sustained national or international acclaims" whose achievements have been recognized in the field.
- NO employer is needed.
- Entry will substantially benefit the United States
- This subcategory is intended for those at the top of their field.
- Standard is higher than O-1 classification.
EB1-B - Outstanding Professors And Researchers.
- This subcategory is designated for applicants who are internationally recognized as outstanding in their respective academic area.
- Has 3 years' experience in teaching or research in their field
- Seeks Green Card for a tenure teaching position, comparable position at university to conduct research, or comparable position to conduct research with private employer if it employs at least 3 persons full time in research activities and the institution has achieved accomplishment in that particular academic field.
- No Labor Certification is required, however, an Employer needs to provide a letter offering employment.
- Generally, a lower standard that the EB1(A) CATEGORY.
EB1-C - Multinational Executive And Mangers
- The executive and manger must have been employed abroad for at least one year within the last 3 years. Need to show company is operating abroad and is conducting substantial business and needs an executive or manager.
- Must enter the United States to provide the same services to the sample employer in a manager capacity or executive. Unlike the L1 applicant, cannot be a specialized knowledge worker abroad.
- No Labor Certification is required, however, a the Sponsoring US Company must provide a statement about the applicant's employment with company in one of the past three years and that the US employer has been doing business for one year.
What Can We Do For You?
The EB1 category is subject to the highest threshold with USCIS officers. We will implement strategies tailored to your qualifications and achievements. Contact the Law Office of Andrew Park and we will evaluate if you qualify for EB1 or any other type visa that is applicable.
EB2
EB2 visa is a second preference Employment Based Visa for members of professions holding advanced degrees or their equivalent, or who those who possess exceptional talent. The position requires that the foreign national either have an advanced degree such as a master's degree or its equivalent in education and work experience whose services are wanted by a US employer or show exceptional ability in the sciences, arts, or business by showing a degree of expertise significantly above that ordinarily encountered.
An Advanced Degree usually requires a master's degree or higher, however, BA/BS or foreign academic equivalent plus 5 years of progressive post-baccalaureate experience in the specialty may be equivalent to a Master's Degree.
Proof of Exceptional ability includes but not limited to
- Degree relating to area of exceptional ability
- Letter showing at least 10 years' experience
- License to practice profession
- Membership in a professional association
- Awards or recognition for achievements related to your field
- Applicant has commanded a salary that demonstrates his or her exceptional ability
Starting The Process - Labor Certification And National Interest Waiver
- An applicant must have a job offer from the employer offering the applicant a job position. After the offer the Employer must submit a Labor Certification with the Department of Labor and once approved file an I-140 with USCIS.
- For certain Applicants, a Labor Certification is not required to get a green card under the EB2 category. In other words, the applicant may self-petition or the employer can file a National Interest Waiver.
Who Qualifies For National Interest Waiver
- Having an exceptional ability is not sufficient. The threshold is extremely high but very much possible to achieve with the appropriate evidence and persuasive memorandum in support of your National Interest Waiver.
- In Matter of Dhanasar, USCIS grant a NIW if the petitioner demonstrates, by a preponderance of the evidence, that:
- The foreign national's proposed endeavor has both substantial merit and national importance.
- The foreign national is well positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
EB3
The EB3 visa is a Third Preference Employment Based Visa for applicants who are Professional, Skilled, and Other. Unlike EB1 or EB2, you may qualify for green card/permanent residency with just a Bachelor Degree or Work Experience. Many Foreign Nationals apply for EB3 while they are in H1b Status because of the lower threshold to obtain EB3 classification. The downfall is that unlike the EB1 and EB2, the applicant must have Labor Certification filed by the Employer unless you fall under Schedule A of the DOL regulations and could take longer than an EB1 or EB2.
What is a Professional Worker?
A professional is an applicant that has a bachelor degree or foreign university equivalent and the Degree is required for this job offered by the Employer
What is a Skilled Worker?
As skilled worker is a full time job offered requiring at least two years training or work experience.
What is an Other Worker
Other works include an applicant with less than two years of training and work experience.
What are the requirements?
- Need to find a US employer who is willing to offer you a job
- You must be a Professional, Skilled, or Other Worker
- Your US employer must comply with the Labor Certification Requirements. Generally, your US employer must attest that you will be paid the prevailing wage, the job offer is genuine and permanent, and promise that after advertising the job position that no US workers qualified or applied for the job that was offered to the Foreign National Applicant.
Contact the Law Office of Andrew Park at 213-344-8440 to evaluate if you qualify for EB3 or any other immigrant or non-immigrant visa suited for your needs.
