EB1(a) – persons of extraordinary ability
Specific Requirements
- Applicant must:
- Demonstrate extraordinary ability in the field of sciences, arts, business or athletics and that entry would substantially benefit the U.S,
- Demonstrate sustained national or international acclaim and that the achievements have been recognized in his/her field of expertise, and
- Continue to work in the same field of extraordinary ability.
- Self-sponsorship (based upon qualifications) is available.
- No PERM labor is required.
- Offer of employment is not required
- Foreign national needs to complete process with either an adjustment-of-status (AOS) or consular processing (CP) application.
EB1(b) – outstanding professors and researchers
Specific Requirements
- Applicant must:
- Be recognized internationally in a specific field.
- Have at least three (3) years of relevant teaching or research experience.
- seek to enter the U.S. for
- A tenured or tenure-track position within an institution of higher education to teach in the academic area,
- A comparable position with an institution of higher education to conduct research in the area, or
- a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least three (3) persons full time in research activities and has achieved documented accomplishments in an academic field.
- Must have offer of employment
- No PERM labor is required.
EB1(c) – multinational executives and managers
Specific Requirements
- Qualifying relationship between the U.S. and foreign entity.
- Beneficiary
- Must have worked abroad with the related foreign entity in an executive or managerial capacity for one (1) year out of the three (3) years preceding the transfer, and
- Should be coming to the U.S. to work with the U.S. entity in a managerial or executive capacity.
- Must have offer of employment
- No PERM labor is required.
EB2 National Interest Waiver (“NIW”)
EB2 National Interest Waiver (“NIW”) – for members of the professions who hold advanced degrees or persons of exceptional ability. NIW issued from the Attorney General waives employer and labor certification requirements.
Specific Requirements
- Proposed employment must be
- National in scope, and
- In an area of substantial intrinsic merit and importance to U.S. national interests.
- Significant benefit derived from the applicant’s participation in the national interest field of endeavor must considerably outweigh the inherent national interest in protecting U.S. workers through the labor certification process.
- Must have offer of employment
- No PERM labor is required.