EB1, EB2, and EB3 Visas: A Comprehensive Guide

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1. EB1 Visa: Priority Workers The EB1 visa is designed for individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers.

• Eligibility Criteria:
  • Extraordinary Ability: Demonstrated exceptional skill in fields like science, art, education, business, or athletics.
  • Outstanding Professors/Researchers: Recognized internationally for achievements in their field.
  • Multinational Executives/Managers: Must have worked for a qualifying employer abroad in a managerial or executive capacity.
• Benefits:
  • No need for labor certification.
  • High-priority processing.
  • Ability to self-petition in certain cases.
• Application Process:
  • File Form I-140 (Immigrant Petition for Alien Worker).
  • Provide supporting evidence of eligibility.

2. EB2 Visa: Professionals with Advanced Degrees or Exceptional Ability The EB2 visa targets professionals with advanced degrees or those with exceptional abilities in arts, sciences, or business.

• Eligibility Criteria:
  • Advanced Degree: Must hold a degree beyond a bachelor’s or equivalent experience (at least five years).
  • Exceptional Ability: Demonstrated significant expertise and recognition in their field.
  • National Interest Waiver (NIW): Can waive the labor certification process if the applicant’s work benefits the U.S. significantly.
• Benefits:
  • Faster priority date than EB3.
  • Eligible for NIW in certain cases.
• Application Process:
  • File Form I-140.
  • Complete labor certification unless applying for NIW.

3. EB3 Visa: Skilled Workers, Professionals, and Other Workers The EB3 visa is for workers whose jobs require at least a bachelor’s degree, skilled workers, or unskilled workers filling positions for which qualified U.S. workers are unavailable.

• Eligibility Criteria:
  • Skilled Workers: Jobs requiring at least 2 years of training or experience.
  • Professionals: Jobs requiring a U.S. bachelor’s degree or equivalent.
  • Other Workers: Jobs requiring less than 2 years of training.
• Benefits:
  • Broad eligibility.
  • Pathway to permanent residency.
• Application Process:
  • File Form I-140.
  • Obtain labor certification.