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Secure Permanent Employment

We help you obtain permanent residency in the U.S.

Permanent Employment-Based Immigration

Permanent employment-based immigration provides several pathways for eligible foreign workers to seek permanent residency in the United States.

The employment-based immigrant visa categories are divided into three primary classifications: EB1, EB2, and EB3. Each classification has different eligibility requirements based on factors such as employment, professional qualifications, education, experience, and other applicable criteria.

Understanding which category may apply to your circumstances is an important first step in pursuing employment-based permanent residency.

The Employment-Based Categories

EB1 Classifications

  1. An outstanding professor or researcher with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding.
  2. A person who, in the three years preceding the filing of this petition, has been employed in a primarily managerial or executive capacity for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive (“Multinational Manager”).

  3. A person of extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field (“Extraordinary ability”).

EB2 Classifications

  1. A member of the professions holding an advanced degree.
  2. An alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

EB3 Classifications

  1. A skilled worker (requiring at least two years of specialized training or experience in the skill) to perform labor for which qualified workers are not available in the United States.
  2. A member of the professions with a baccalaureate degree.
  3. An unskilled worker (requiring less than two years of specialized training or experience) to perform labor for which qualified workers are not available in the United States.
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What is a National Interest Waiver?

A National Interest Waiver is a beautiful thing, as it eliminates the need for a labor certification (see the discussion of the PERM program). The individual seeking a National Interest Waiver is requesting that the labor certification be waived because it is in the national interest of the United States.

  1. The person’s proposed endeavor has both substantial merit and national importance;
  2. The person is well positioned to advance the proposed endeavor;
  3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirement of the EB2 category.

EB1 Classification

1. Outstanding Professors and Researchers

Outstanding professor or researcher with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding:

  1. In a tenured or tenure-track position at a university or institution of higher education to teach in the academic area;
  2. In a comparable position at a university or institution of higher education to conduct research in the area; or
  3. In a comparable position to conduct research for a private employer that employs at least three persons in full-time research activities and has achieved documented accomplishments in an academic field.

You must also include:

  1. Evidence that you have at least three years of experience in teaching and/or research in the academic field.
  2. If the petitioner is a university or other institution of higher education, an offer of employment in the form of a letter indicating that you intend to employ the beneficiary in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the academic field; or
  3. If the petitioner is a private employer, an offer of employment in the form of a letter indicating that you intend to employ the beneficiary in a permanent research position in the academic field and evidence that you employ at least three full-time researchers and have achieved documented accomplishments in the field.
  4. You need at least two of the following types of evidence to prove that the professor or researcher is recognized internationally as outstanding in the academic field.;

(1) Receipt of major prizes or awards for outstanding achievement in the academic field;

(2) Membership in associations in the academic field that require outstanding achievements of their members;

(3) Published material in professional publications written by others about the alien’s work in the academic field;

(4) Participation in a panel, or individually, as the judge of the work of others in the same or an allied academic field;

(5) Original scientific or scholarly research contributions to the academic field; or

(6) Authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

If the above standards do not readily apply, you may submit comparable evidence to establish the beneficiary’s eligibility.

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2. Multinational Managers

A person who has been employed in a managerial or executive capacity for at least one year of the last three years by a firm or corporation or other legal entity and who seeks to enter the United States to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive.

The evidence needed to submit for this category includes:

  1. Proof of the relationship between the 2 organizations;
  2. Detailed letter describing the current position abroad and the proposed position in the US;
  3. Proof of the organization’s finances (most recent tax returns, YTD profit and loss statement);

3. Extraordinary Ability

A person of extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field.

The evidence needed to submit for this category includes at least two of the following types of evidence:

(1) Receipt of major prizes or awards for outstanding achievement in the academic field;

(2) Membership in associations in the academic field that require outstanding achievements of their members;

(3) Published material in professional publications written by others about the alien’s work in the academic field;

(4) Participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field;

(5) Original scientific or scholarly research contributions to the academic field; or

(6) Authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

If the above standards do not readily apply, you may submit comparable evidence to establish the beneficiary’s eligibility.

EB2 Classification

  1. A member of the professions holding an advanced degree. The evidence needed to submit for this category is:
    1. A labor certification
    2. Evidence that the alien holds a U.S. baccalaureate degree or equivalent foreign degree; and
    3. Evidence that a baccalaureate degree is required for entry into the occupation.

    * Note that a bachelor’s degree plus 5 years of progressive post-degree experience in the specialty is equivalent to an advanced degree.

  2. An alien with exceptional ability.You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

The evidence needed to submit for this category is:

  1. A labor certification
  2. At least three of the following:
    (a) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability;(b) Letters from current or former employers showing that the alien has at least 10 years of full-time experience in the occupation for which he or she is being sought;

    (c) A license to practice the profession or certification for a particular profession or occupation;

    (d) Evidence that the alien has commanded a salary or other remuneration for services that demonstrates exceptional ability;

    (e) Evidence of membership in professional associations; or

    (f) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

If the above standards do not readily apply to the alien’s occupation, you may submit comparable evidence to establish the alien’s eligibility.

You can avoid the labor certification process if you qualify for a National Interest Waiver (“NIW”). The individual seeking an NIW is requesting that the labor certification be waived because it is in the national interest of the United States. Criteria include:

  1. The person’s proposed endeavor has both substantial merit and national importance;
  2. The person is well positioned to advance the proposed endeavor;
  3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements of the EB2 category.
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EB3 Classification

  1. A U.S. employer filing for a skilled worker must include:
    1. A labor certification; and
    2. Evidence that the alien meets the educational, training, or experience requirements and any other requirements of the labor certification. (The minimum requirement is two years of training or experience).
  1. A U.S. employer filing for an unskilled worker must include:
    1. A labor certification; and
    2. Evidence that the alien meets any education, training, or experience requirements of the labor certification.