EB-1 and EB-2

EB-1

International citizens may be eligible for an employment-based, first-preference visa if they have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

  • Extraordinary ability:
    • You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.  Your achievements must be recognized in your field through extensive documentation.  No offer of employment is required.
  • Outstanding professors and researchers
    • You must demonstrate international recognition for your outstanding achievements in a particular academic field.  You must have at least three years experience in teaching or research in that academic area.  You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
  • Multinational manager or executive
    • You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the Unites States to continue service to that firm or organization.  Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The EB1 is often an overlooked immigration option, especially for successful, multinational  business executive.  The Victoria Law Group stands ready to help successful individuals immigrate to the United States under the right circumstances. Contact us with questions.

EB-2

Eligibility for an EB2 employment-based bias is based on the individual applying for said visa is a member of the professions holding an advanced degree or its equivalent or a foreign national who has exceptional ability.

  • Advanced Degree,
    • The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
  • National Interest Waiver
    • Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.  Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and those whose employment in the United States would greatly benefit the national.  Those seeking national interest waiver may self-petition (they don’t need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Several individuals who serve in some capacity in the defense industry or in defense of the United States have earned their EB-2 Visa.  We are grateful for their service, and look forward to assisting them in their transition to the United States. Contact us with questions.