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Employment-Based Permanent Residency

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When immigrating to the United States based on a job, one of the first decisions to be made is the category in which the case should be filed. The Immigration and Nationality Act provides for several categories if employment based immigrants. These categories differ based on the credentials of the beneficiary. They are referred to in the immigration system as employment based preferences abbreviated “EB”. Beyond this designation there is another major distinction to be made among the categories. Some of the preference categories require Labor Certification and some do not.

Employment based categories that do not require Labor Certification

EB-1 Alien of Extraordinary Ability

EB-1 Outstanding Researcher of Professor

EB-1 Multinational Manager

EB-2 National Interest Waiver

EB-5 Immigrant Investor

(EB-2 or EB-3) Schedule A Occupations: Nurses (RN or BSN) and Physical Therapists

The remaining categories require an approved Labor Certification.

EB-2 Advanced Degree Professionals

EB-3 Professionals

EB-3 Skilled Workers

EB-3 Other Workers

EB-1: Aliens of Extraordinary Ability

This category is intended for those who have risen to the top of one of the included fields, namely business, science, medicine, the arts. There are two ways to qualify for this category: the first is to demonstrate that you are the recipient of a major prize of international significance – for example, a Nobel Prize. The second way, though which the vast majority of applicants qualify, is to demonstrate credentials that include at three of the following:

· Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

· Membership in associations in the field which demand outstanding achievement of their members;

· Published material about the alien in professional or major trade publications or other major media;

· Evidence that the alien has judged the work of others, either individually or on a panel;

· Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

· Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;

· Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;

· Performance of a leading or critical role in distinguished organizations;

· Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

· Evidence of commercial successes in the performing arts.