Employment-Based Green
Card (EB-1, EB-2)

Employment-based Green Cards, particularly EB-1 and EB-2, allow foreign nationals to enter the U.S. for permanent residence and employment. They serve as important avenues for highly qualified professionals, researchers, executives, and individuals of extraordinary ability and have much to offer the American economy and labor market.

Our team of professionals is dedicated to helping clients through this comprehensive application process, meeting strict eligibility requirements, preparing comprehensive documentation, and more. With years of experience handling employment-based immigration cases, we tailor our approach to the situation and maximize the client's chances of receiving approval for permanent residency in the United States.

EB-1 Priority Workers

The EB-1 category, therefore, is for those priority workers who can prove extraordinary ability in their field, outstanding academic or research achievements, or critical executive or managerial positions in multinational companies. It is one of the prestige categories within employment-based Green Cards, offering a speedier path toward permanent residency in the U.S. It requires applicants to prove sustained national or international acclaim in their profession, thus being suitable for those who are highly accomplished in a particular field such as science, arts, education, business, or athletics.

Eligibility:

Individuals of extraordinary ability in the arts, sciences, education, business, or athletics.
Professors and researchers of international reputation, known for excellence in achievement.
Multinational executives or managers with at least one year of experience with a qualifying company abroad.
Proof of substantial contributions or original research in the field at hand.
Proof of sustained national or international recognition.
Documentation of the published materials or awards that acknowledge the applicant's expertise.

Benefits:

Faster processing times compared to other employment-based Green Cards.
No need for a labor certification process (PERM) to expedite the application.
Flexibility in self-petitioning, particularly in the case of immigrants of extraordinary ability.
Priority workers may bring immediate relatives: spouses and children.
A pathway for highly skilled individuals to further their careers in the U.S.
Increases job opportunities and stability by securing permanent residency.

EB-2 Advanced Degree Professionals and Exceptional Ability

The EB-2 category applies to foreign nationals with advanced degrees or exceptional ability in science, business, or the arts. It provides an avenue to permanent residency for those professionals whose work can benefit the economy and labor force of the United States. The applicant can be qualified based on an advanced degree or equivalent or its alternative of extraordinary ability, defined as a high level of expertise considerably above that ordinarily encountered. The EB-2 category also covers the National Interest Waiver, whereby petitioners are exempt from labor certification because their work is in the national interest.

Eligibility:

Individuals with a graduate degree, either master's or higher, or progression with a bachelor's degree by five years of experience.
Individuals of extraordinary ability in the sciences, arts, or business.
Evidence of significant contributions to the field, both nationally and internationally, such as research, publications, or awards, should be provided.
Applicants for a National Interest Waiver must demonstrate that their work benefits the U.S.
Must meet at least three criteria showing exceptional ability, including licenses or memberships.
Job offer required, unless filing as a National Interest Waiver.

Benefits:

It affords a faster route to permanent residency for professionals with advanced degrees or exceptional abilities.
Exempts from the burden of a job offer or labor certification by providing an opportunity for a National Interest Waiver.
Allows family members, including spouses and children, to obtain Green Cards as dependants.
Increased career and job opportunities in the United States in the long run.
Enables professionals to contribute to high-demand industries, benefiting the economy.
Facilitates career advancement and recognition for those with specialized skills and achievements.

How Does the Application Process Work?

The application for employment-based Green Cards covers several categories, usually EB-1 and EB-2. The process has multiple steps: here is a simplified guide.

Determine Eligibility

The second step is reading the requirements for the EB-1 or EB-2 category one must apply under and determine eligibility. If applying under EB-1 status, one should prove extraordinary ability, outstanding professor/academic achievement, or qualifying experience in an executive role.

Get a Job Offer or Qualify for a Waiver

EB-1 applicants may self-petition or confirm a current job offer. In general, EB-2 applicants will need a job offer to present unless they can apply for a National Interest Waiver.

File the Form I-140 (Immigrant Petition for Alien Worker)

Form I-140 is a petition to United States Citizenship and Immigration Services for an employment-based Green Card. It is a form showing qualification under either the EB-1 or EB-2 category.

Labor Certification (PERM) (EB-2 Only, if applicable)

For EB-2 applicants without a National Interest Waiver, a labor certification (PERM) must be obtained from the Department of Labor, demonstrating that the employment of a foreign worker will not adversely affect U.S. workers.

Adjustment of Status or Consular Processing

If you are in the United States, file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust to permanent resident status. If you are outside the United States, apply for an immigrant visa through consular processing at a U.S. embassy or consulate abroad.

Attend an Interview and Submit Supporting Documents

Sometimes, an interview is required; prepare all necessary documents to prove eligibility, identification, and medical examinations.

Obtain the Green Card

If approved, the Green Card will be mailed to the applicant for permanent residence in the U.S.

Why You Need an EB-1/EB-2 Immigration Attorney

● Expert Guidance for Complicated Paperwork

Lawyers handle heavy paperwork, ensuring all forms are filled out correctly to avoid application rejection.

● Accelerates Green Card Processing

Lawyers will avoid delays resulting from incomplete or incorrect documentation, enabling faster approvals.

● Avoid Costly Mistakes

Immigration attorneys identify potential problems in the application for filing upfront, which helps an individual avoid mistakes that might lead to denial or delays.

● Provides Legal Support for Unexpected Challenges

In case of complications, professional lawyers provide legal advice and representation to clients in settling issues arising during the application process.

With professional legal help, we can help you maximize your chances of success on an EB-1 or EB-2 application. Contact US Visa Pathway today!

Employment-Based Green Card (EB-1, EB-2)