Employment-Based Immigration
EB-1: First Preference
You may be eligible for an employment-based, first-preference visa (EB-1) if you are:
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A person of extraordinary ability
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An outstanding professor or researcher
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A multinational executive or manager
Each category has specific requirements outlined below.
1. Extraordinary Ability
You must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim.
Requirements
You must:
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Meet at least 3 of the 10 criteria below, OR
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Provide evidence of a one-time major achievement (such as a Pulitzer Prize, Oscar, or Olympic Medal)
You must also show that you will continue working in your field of expertise.
No job offer or labor certification is required.
Evidence Criteria (10)
You must provide evidence of at least 3 of the following:
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Receipt of nationally or internationally recognized awards or prizes
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Membership in associations that require outstanding achievement
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Published material about you in major media or professional publications
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Participation as a judge of the work of others
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Original contributions of major significance in your field
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Authorship of scholarly articles in professional publications
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Evidence your work has been displayed at artistic exhibitions or showcases
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Evidence of leading or critical roles in distinguished organizations
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Evidence you command a high salary or remuneration
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Evidence of commercial success in the performing arts
2. Outstanding Professors and Researchers
You must demonstrate international recognition for outstanding achievements in an academic field.
Requirements
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At least 3 years of teaching or research experience
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Must enter the U.S. for a tenure-track teaching position or comparable research role
Evidence
You must provide at least 2 of the following 6 criteria:
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Major prizes or awards for outstanding achievement
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Membership in associations requiring outstanding achievement
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Published material by others about your work
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Participation as a judge of the work of others
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Original scientific or scholarly research contributions
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Authorship of scholarly books or articles
A job offer from a U.S. employer is required.
Labor certification is not required.
3. Multinational Managers or Executives
You may qualify if you have worked for a foreign company related to the U.S. employer.
Requirements
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Must have worked outside the U.S. for at least 1 year within the past 3 years
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The U.S. employer must have been doing business for at least 1 year
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Must have a qualifying relationship with the foreign employer
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Must be employed in a managerial or executive capacity
Labor certification is not required.
EB-2: Second Preference
You may qualify if you are:
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A professional with an advanced degree, or
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A person with exceptional ability in sciences, arts, or business
1. Advanced Degree Professionals
The job must require an advanced degree.
Requirements
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A U.S. advanced degree or foreign equivalent, OR
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A bachelor’s degree plus 5 years of progressive work experience
Evidence
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Academic records showing your degree
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Letters from employers confirming 5 years of progressive work experience
If the position normally requires a doctoral degree, you must have a PhD or foreign equivalent.
2. Exceptional Ability
Exceptional ability means a level of expertise significantly above that normally encountered.
You must meet at least 3 of the following criteria:
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Academic record related to the field
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10 years of full-time work experience
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Professional license or certification
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Evidence of high salary or remuneration
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Membership in professional associations
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Recognition for achievements by peers, government entities, or organizations
Comparable evidence may also be submitted.
EB-3: Third Preference
You may qualify if you are:
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A skilled worker
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A professional
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An unskilled worker (other worker)
Skilled Workers
Jobs must require at least 2 years of training or experience.
Requirements
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At least 2 years of work experience, training, or education
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Work must be permanent and not seasonal
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Qualified U.S. workers must not be available
Labor certification and a full-time job offer are required.
Professionals
Jobs must require at least a bachelor’s degree.
Requirements
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U.S. bachelor’s degree or foreign equivalent
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Degree must be the normal entry requirement for the occupation
Education and experience cannot replace the degree requirement.
Labor certification and a full-time job offer are required.
Unskilled Workers (Other Workers)
Jobs require less than 2 years of training or experience.
Requirements
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Ability to perform unskilled labor
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Work must be permanent and not seasonal
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Qualified U.S. workers must not be available
Labor certification and a full-time job offer are required.
Family of EB-3 Holders
If your petition is approved, the following relatives may apply for admission to the U.S.:
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Spouse
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Unmarried children under 21
Visa categories include:
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E34 / E35 – spouse or child of skilled workers or professionals
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EW4 / EW5 – spouse or child of other workers
EB-4: Fourth Preference
The EB-4 visa category is for special immigrants.
Eligible Groups
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Religious workers
Family Eligibility
Some EB-4 classifications allow:
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Spouse
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Unmarried children under 21
to be admitted to the United States.
EB-5: Immigrant Investor Program
The EB-5 Program, administered by the U.S. Citizenship and Immigration Services (USCIS), allows foreign investors to obtain permanent residence.
Requirements
Investors must:
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Invest in a commercial enterprise in the United States
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Create or preserve at least 10 permanent full-time jobs for U.S. workers
Eligible family members include:
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Spouse
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Unmarried children under 21
Program Background
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through:
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Job creation
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Capital investment by foreign investors
In 1992, the Regional Center Program was created, allowing investors to participate in projects approved by USCIS that promote economic growth.