EB-1, EB-2, EB-3

• Extraordinary Ability: Demonstrate exceptional talent in sciences, arts, education, business, or athletics with sustained national or international recognition. Your achievements should be well-documented in your field. No job offer is needed. You must meet at least 3 of the 10 criteria listed below or provide evidence of a one-time achievement (e.g., Pulitzer, Oscar, Olympic Medal).
• Outstanding Professors and Researchers: Show international recognition for exceptional achievements in a specific academic field. You need at least 3 years of teaching or research experience in that area and must be entering the U.S. for a tenure-track teaching or comparable research position at a university or higher education institution.
• Multinational Manager or Executive: You must have worked outside the U.S. for at least 1 year in the 3 years preceding the petition, in a managerial or executive role, with the same employer, an affiliate, or a subsidiary. You must be entering the U.S. to continue working for that firm. The petitioning employer must be a U.S. entity that has been operating for at least 1 year

To prove extraordinary ability, you must meet at least 3 of the following criteria:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
2. Membership in associations that require outstanding achievement.
3. Published material about you in professional or major trade publications or other major media.
4. Judging the work of others, individually or on a panel.
5. Original contributions of major significance in your field.
6. Authorship of scholarly articles in professional or major trade publications or other major media.
7. Display of your work at artistic exhibitions or showcases.
8. Leading or critical role in distinguished organizations.
9. Commanding a high salary or significantly high remuneration compared to others in the field.
10. Commercial successes in the performing arts.

Exceptional ability refers to a level of expertise significantly above the norm in sciences, arts, or business. You must meet at least three of the specified criteria.*

Applicants seeking a national interest waiver request the Labor Certification be waived for the benefit of the U.S. This is typically granted to those with exceptional abilities whose work would significantly benefit the nation. Applicants can self-petition without an employer sponsor and file their labor certification directly with USCIS along with Form I-140.

To qualify for the EB-2 Visa, you must meet at least three of the following criteria and demonstrate that your work is in the national interest:

• An official academic record showing a degree, diploma, certificate, or similar award related to your area of exceptional ability, and letters documenting at least 10 years of full-time experience in your occupation.
• A license or certification to practice your profession.
• Evidence of commanding a salary or remuneration that demonstrates exceptional ability and membership in professional associations.
• Recognition for achievements and significant contributions to your field by peers, government entities, or professional organizations.

Your employer must file Form I-140, Petition for Alien Worker, to qualify for an EB-2 visa.

Your spouse and children under 21 can join you in the U.S. under E-21 and E-22 immigrant status, respectively. Your spouse can apply for an Employment Authorization Document (EAD) while you both apply for permanent resident status.

• Skilled Workers: Jobs requiring at least 2 years of training or experience, not temporary or seasonal.
• Professionals: Jobs requiring at least a U.S. bachelor’s degree or foreign equivalent, and membership in the professions.
• Other Workers: Unskilled labor requiring less than 2 years of training or experience, not temporary or seasonal.

• Skilled Workers: Must show at least 2 years of job experience or training and perform work for which no qualified U.S. workers are available. Labor certification and a permanent, full-time job offer are required.
• Professionals: Must have a U.S. bachelor’s degree or foreign equivalent, with the degree being the standard requirement for the occupation. No substitution of education or experience for the degree is allowed. Labor certification and a permanent, full-time job offer are required.
• Unskilled Workers (Other Workers): Must be capable of performing unskilled labor at the time of petition filing, with no qualified U.S. workers available. Labor certification and a permanent, full-time job offer are required. Note that there is a significant backlog for visas in this category.

Third preference petitions generally require an approved labor certification from the Department of Labor on Form ETA-9089. In some cases, an uncertified ETA-9089 may be submitted to USCIS for Schedule A, Group I consideration.

Your employer must file Form I-140, Petition for Alien Worker, and demonstrate the ability to pay the offered wage from your visa priority date. This can be shown through an annual report, federal income tax return, or audited financial statement.

Your spouse can join you in the U.S. under E34 (spouse of a skilled worker or professional) or EW4 (spouse of an other worker) status. During the green card application process, your spouse can apply for an Employment Authorization Document (EAD). Your children under 21 can be admitted as E35 (child of a skilled worker or professional) or EW5 (child of an other worker).