EB-1: First Preference Employment-Based Visa – Extraordinary Abilities
You may qualify for a first-preference employment-based visa if you possess extraordinary abilities, are an outstanding professor or researcher, or serve as a multinational executive or manager. Eligibility criteria: a multinational manager or executive must have worked outside the U.S. for at least 1 year in the 3 years preceding the petition in a managerial or executive role. Outstanding professors and researchers must show international recognition for exceptional achievements in a specific academic field with at least 3 years of teaching or research experience. Extraordinary ability requires demonstrating exceptional talent in sciences, arts, education, business, or athletics with sustained national or international recognition, meeting at least 3 of the 10 listed criteria.
EB-2: Advanced Degree Professionals
The EB-2 Visa is a second-preference employment-based immigrant visa for professionals with advanced degrees or exceptional abilities. Advanced degree holders must possess an advanced degree and have at least 5 years of work experience. Exceptional ability refers to a level of expertise significantly above the norm in sciences, arts, or business, requiring meeting at least three of the specified criteria. National interest waiver applicants can self-petition without an employer sponsor and file their labor certification directly with USCIS along with Form I-140.
EB-3: Skilled Workers, Professionals, and Other Workers
The EB-3 visa caters to skilled workers, professionals, and other workers. Categories: other workers (unskilled labor requiring less than 2 years of training), professionals (jobs requiring at least a U.S. bachelor's degree or foreign equivalent), and skilled workers (jobs requiring at least 2 years of training or experience). Third preference petitions generally require an approved labor certification from the Department of Labor on Form ETA-9089. The employer must file Form I-140, Petition for Alien Worker.
Family Members
For EB-2: your spouse and children under 21 can join under E-21 and E-22 immigrant status respectively, and your spouse can apply for an EAD. For EB-3: your spouse can join under E34 or EW4 status, and children as E35 or EW5. During the green card application process, your spouse can apply for an Employment Authorization Document (EAD).