EB-1 and EB-2 Visa Status

Obtaining a Green Card Without Going Through the Labor Certification Process

EB-1 Visa Status

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If you qualify for (EB-1) status you may not need to go through the labor certification process normally required to obtain a work visa.

EB-1 subcategories are:

  1. persons of extraordinary ability in the sciences, arts, education, business or athletics as demonstrated by national or international acclaim. The individual should continue the work in the field and the entry should substantially benefit the United States.
  2. outstanding professors and researchers. This requires that the individual be internationally recognized in an academic area and possess at least three years of academic research or teaching experience and have a tenure or tenure track position at a university or an institute of higher education.
  3. multinational executive or manager. This requires that the individual be employed abroad in that capacity during at least one of the three years preceding the application for admission to the United States as a priority worker. He/she must enter the United States to be employed as an executive or manager for the same firm, corporation or legal entity or a subsidiary or affiliate of the entity that employed him/her abroad. Most L-1A visa holders qualify for this category after one year of work in the United States.

EB-2 Visa Staus based on National Interest Waiver (NIW)

EB-2, the employment based second preference category, includes members of the professions who hold advanced degrees and individuals of exceptional ability in the arts, sciences or business. Although this category requires a job offer and labor certification, INS may waive this requirement if the work of the alien is of national interest.

Statements by experts concerning the importance of their work are considered with past accomplishments and the need for their particular type of skill in the United States. This standard has not been well defined by the INS. Successful cases will improve the U.S. economy, working conditions, the education system, health care, housing or the environment.

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