Employment-Based Preference Groups

EB-1 First Preference

The EB-1 visa is the First Preference Priority Workers Visa Category and it consists of three subcategories:

Persons with Extraordinary Abilities,
Outstanding Professors and Researchers, &
Certain Multinational Executives and Managers.

Petitioners may also include a spouse, and unmarried children under 21 years of age as part of their EB-1 petition. Family members may be eligible for derivate visas.

EB-1A Extraordinary Ability

The EB-1A is for those demonstrating extraordinary abilities in the science, arts, business or athletics. A petitioner must demonstrate the following:

Evidence of sustained national or international acclaim in their field;
Recognition and prominence in their field of experience; and
Extensive documentation highlighting their achievements.

EB-1B Outstanding Researcher or Professor

The EB-1B petitioner for outstanding professors and researchers must demonstrate:

An offer of employment from a U.S employer for a tenured, or tenured-track position; or a comparable position at a university or institute of higher education;
Demonstrate international recognition for outstanding achievement in a specific academic field; and
Show evidence of at least three years of experience in teaching or research

EB-1C Manager/Executive

The EB-1C immigrant petition is analogous to nonimmigrant L-1A visa. While they are similar, the EB-1C has different requirements. The EB-1C is a green card pathway for employees in managerial roles in multinational companies with expectational abilities.

The beneficiary must have worked for the multinational company overseas for at least one year in the last three years. However, distinct from the L-1, an EB-1C:

is a green card pathway, while the L1 is a nonimmigrant visa;
the working abroad for one year out of 3 years requirement for the EB-1C employee, does not have to be continuous. Unlike the L1 employee requirement and the US entity in an EB-1C context, one must have been doing business for at least one year before the EB-1C petition is filed and must not be unincorporated.

EB-2 Second Preference

Members of professions holding advanced degrees (Aliens of exceptional ability and persons qualifying for national interest waivers) Depending on the petitioner’s expertise and skill-set, an EB-2 beneficiary may file as part of a PERM-based application, or may waive the LC requirements through the NIW.

EB-2 National Interest Waiver

A national interest waiver (NIW) applicant must demonstrate that:

Their proposed endeavor is of substantial merit and national importance;
They are well-posited to execute their proposed endeavor;
That on the balance, it would be in the national interest to waive the job offer and PERM certification requirements

Additionally, a NIW petitioner must either:

Hold an advanced degree, being a PhD, masters or bachelor with 5 years of experience in the field; or
Demonstrate an exceptional ability. Exceptional ability is defined as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business.

*Always confirm degree equivalency if degree is obtained overseas.

EB-3 Third Preference

EB-3 is the Third Preference Employment-based visa category for Professionals, Skilled, and Other Workers.

A national interest waiver is not available for the EB-3 category, however, a particular occupation may fall under the Schedule A category with the Department of Labor in which case an LC may be bypassed but an ETA750 or ETA 9809 must still be filed by the applicant.

Professionals/Skilled workers and Other Workers are distinguished from each other by:

The job requirements on the LC and
The years of training of experience for each.

1. Professional occupations are constantly evolving; expanding based on greater knowledge and specialized training Matter of Shin 11&Dec, 506 (RC 1970). Separately, the Department of Labor website lists professional occupations as positions that customarily require a bachelor’s degree or higher for LC purposes.

When confirming the foreign degree equivalent, it must be analyzed prior to approval, and experience may not replace education.

2.In contract, the Professional occupation can be classified as a skilled workers position if the position is listed as accepting a foreign degree or its equivalent Matter of ___, SRC 07-174-51943 (AAO) Dec 18 2007). For the purpose of a skilled workers position, the combination of degrees may be sufficient.

It is important to consult with an Attorney when applying for employment-based visas and/or LC dependent positions.