Employment Visa Immigration Lawyer

EB-1A Extraordinary Ability Green Card

The EB-1A Extraordinary Ability category allows individuals who have achieved sustained national or international recognition in their field to obtain permanent residence in the United States. Unlike most employment-based immigration categories, EB-1 extraordinary ability applicants may self-petition, meaning they do not require employer sponsorship.

To qualify, applicants must demonstrate that they are among the small percentage who have risen to the very top of their field in areas such as science, education, business, athletics, or the arts.

EB-1 Qualification Criteria

Applicants must demonstrate either:

• receipt of a major internationally recognized award, or

• satisfaction of at least three (3) regulatory criteria demonstrating extraordinary ability.

Evidence may include:

• nationally or internationally recognized awards

• membership in associations requiring outstanding achievement

• published material about the applicant’s work

• participation as a judge of the work of others

• original contributions of major significance to the field

• scholarly publications

• leading or critical roles within distinguished organizations

• high salary or compensation compared to others in the field

EB-1 Visa for Multinational Executives and Managers

The EB-1C immigrant visa category allows multinational companies to sponsor executives and managers who have worked abroad for a qualifying organization and are transferring to a related U.S. entity.

This category is commonly used by international companies expanding operations into the United States or transferring senior leadership to a U.S. subsidiary, affiliate, or parent company.

EB-1C Eligibility Requirements

To qualify, the applicant must demonstrate:

• employment abroad for at least one year within the previous three years

• service in a managerial or executive capacity

• employment with a company that has a qualifying relationship with the U.S. entity

• a U.S. position that is also managerial or executive in nature

Unlike many other employment-based categories, EB-1C petitions do not require labor certification, which can significantly streamline the immigration process for multinational organizations.

EB-2 Advanced Degree or Exceptional Ability Visa

The EB-2 immigrant visa category is available to individuals who possess advanced academic degrees or demonstrate exceptional ability in the sciences, arts, or business. Many EB-2 petitions are filed by U.S. employers seeking to sponsor highly skilled professionals for permanent residence.

EB-2 Advanced Degree Requirements

Applicants typically qualify by demonstrating:

• a master’s degree or higher, or

• a bachelor’s degree plus at least five (5) years of progressive professional experience.

Exceptional Ability

Applicants may also qualify by demonstrating exceptional ability, meaning a level of expertise significantly above that ordinarily encountered in their field. Evidence may include:

• academic records

• professional licenses

• significant professional experience

• recognition for achievements

• membership in professional associations

Many EB-2 petitions require the employer to obtain PERM labor certification before filing the immigrant petition.

PERM Labor Certification Process

Many employment-based immigrant petitions require employers to complete the Permanent Labor Certification (PERM) process through the U.S. Department of Labor before filing an immigrant petition with USCIS.

The purpose of labor certification is to demonstrate that no qualified U.S. workers are available for the offered position and that hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers.

The PERM process generally involves several stages:

• obtaining a prevailing wage determination

• conducting a series of recruitment efforts to test the labor market

• documenting the results of recruitment

• filing the PERM labor certification application

If the Department of Labor certifies the application, the employer may then file an I-140 immigrant petition on behalf of the foreign worker.

EB-3 Visa for Skilled Workers & Professionals

The EB-3 immigrant visa category allows employers to sponsor foreign workers for permanent residence in positions requiring skilled labor, professional qualifications, or other specialized training. EB-3 classification includes three (3) subcategories:

Skilled Workers

Workers whose positions require at least two (2) years of training or experience.

Professionals

Positions requiring a bachelor’s degree or equivalent professional credential.

Other Workers

Positions requiring less than two (2) years of training or experience, often referred to as the “unskilled worker” category.

Most EB-3 petitions require completion of the PERM labor certification process before the immigrant petition can be filed.

Adjustment of Status vs Consular Processing

After an employment-based immigrant petition is approved and an immigrant visa number becomes available, applicants may complete the final stage of the process through either Adjustment of Status or Consular Processing.

Individuals already present in the United States may apply for permanent residence through Adjustment of Status, allowing them to complete the immigration process without leaving the country. Applicants residing abroad typically complete the final stage through Consular Processing at a U.S. embassy or consulate in their home country.

Consult an Employment Visa Attorney

Employment-based immigration petitions require careful documentation of professional qualifications, employer sponsorship requirements, and regulatory compliance.

Stiberman Legal represents professionals and employers pursuing employment-based immigration petitions, including EB-1, EB-2, PERM labor certification, and EB-3 cases. Our firm assists clients in evaluating eligibility, preparing petitions, and navigating the complex procedural requirements involved in employment-based immigration.