"EB-1" Multinational Executives and Managers/Persons of Extraordinary Ability/Outstanding Professors and Researchers

This category is for individuals with extraordinary abilities in their field, outstanding professors or researchers, and multinational executives or managers.

• Multinational Executives and Managers: We will demonstrate that you have been employed outside the United States for at least 1 year during the 3 years before filing your petition or your most recent U.S. entry. Your U.S. petitioning employer must be operating for at least one year, and maintain a qualifying relationship with your foreign employer, to sponsor you for this managerial or executive position inside the U.S.  


• Persons of Extraordinary Ability: We will prove to USCIS your extraordinary ability in the sciences, arts, education, business, or athletics, that you have sustained with national or international recognition and acclaim.


• Outstanding Professors and Researchers: We will establish your international recognition for outstanding achievements in a specific academic field. At least 3 years experience in teaching or research in that particular academic field is required. Also, you must be seeking to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer inside the United States.

"EB-2" Advanced Degree Professionals and Persons of Exceptional Ability

Reserved for individuals with advanced degrees or exceptional abilities in their profession.

• Advanced Degree Professionals: The U.S. job offered must require for hire, at least, a U.S. post-baccalaureate graduate degree or higher education (or foreign education equivalency) to qualify. The employee must possess this advanced degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field also qualifies).


• Persons of Exceptional Ability: We will establish your “exceptional ability” in the sciences, arts, or business. “Exceptional ability” is defined as “a degree of expertise significantly above that ordinarily encountered” in the industry. This definition is a less rigorous standard to meet, when compared to the EB-1 “extraordinary ability” standard.

“EB-2” Nurses and Physical Therapists

As both state and national education, licensing and employment hiring requirements increase for those practicing as Physical Therapists across the U.S., more and more physical therapists qualify for the EB-2 immigrant visa category. Similarly, USCIS recognizes increasing requirements on both the state and national level for certain higher-level and more technical nurse positions. Thus, more nurses are qualifying in this EB-2 immigrant visa category as well. “Schedule ‘A’” nurses and physical therapists do not have to complete the Permanent Labor Certification (PERM) process and, instead, may immediately apply for an immigrant visa with USCIS.

"EB-3" Professional, Skilled, and Unskilled Workers

Designed for professionals with bachelor's degrees, skilled workers with at least two years of training, and unskilled workers.

• Professional Workers: The U.S. job offered must require at least a specific baccalaureate degree for hire, based upon industry standards. The employee must hold that specific or related baccalaureate degree. As an alternative, a foreign education and/or work experience equivalency may satisfy this requirement.


• Skilled Workers: The U.S. job offered must require at least two years of relevant work experience, based upon industry standards. The employee must provide proof of such relevant work experience. Equivalent work experience, education, and/or training may also satisfy this requirement.


• Unskilled Workers: Also referred to as “Other Workers,” these employees must be seeking to fill a U.S. job that requires less than 2 years of training and/or experience.

“EB-3” Nurses and Physical Therapists

Generally, all those practicing as a physical therapist may qualify under the EB-3 immigrant visa category. But, specifically, “nurses” are defined as professional and registered nurses, which does not include nurse assistants, licensed practical nurses, or other nurse aide positions. Pre-certified “Schedule ‘A’” nurses and physical therapists do not have to complete the Permanent Labor Certification (PERM) process and, instead, may immediately apply for an immigrant visa with USCIS.

"EB-4" Religious Workers and Special Immigrants

This immigrant visa category provides a specific pathway to U.S. lawful permanent resident status for religious workers, members of the armed forces, certain physicians, broadcasters, special immigrant juveniles, employees of certain international organizations, and other special immigrants.

"EB-5" Direct Investor

The EB-5 Reform and Integrity Act of 2022 requires Direct Investor EB-5 visa applicants to make a $1,050,000 capital investment amount into a U.S. commercial enterprise. The minimum amount of capital required for the EB-5 visa program may be decreased to $800,000 if the investment is made in a commercial entity that is located in a rural area, high unemployment area, or an infrastructure project. The EB-5 investment must create at least ten (10) full-time U.S. worker jobs within the two-year period after the investor receives their conditional permanent resident status (“conditional greencard status”). Also, the investor must be actively involved in the management and operation of the commercial enterprise.

"EB-5" Regional Center Investor

The EB-5 Reform and Integrity Act of 2022 requires Regional Center EB-5 visa applicants to make a $1,050,000 capital investment amount into a U.S. commercial enterprise. The minimum amount of capital required for the EB-5 visa program may be decreased to $800,000 if the investment is made in a commercial entity that is located in a rural area, high unemployment area, or an infrastructure project. However, different from the Direct Investor requirement, a Regional Center EB-5 visa investor is only required to prove that ten (10) full-time U.S. worker jobs were indirectly created by their investment. Also different from the Direct Investor, the Regional Center EB-5 visa investor is not required to be actively involved in the everyday management and operation of the commercial enterprise.

"PERM" Permanent Labor Certification

The Permanent Labor Certification (PERM) process is required in most cases where a U.S. employer seeks to sponsor a foreign employee for a permanent job position inside the U.S. and to secure U.S. lawful permanent resident status ("greencard status") for that employee. The actual PERM process will vary based upon the program being utilized. However, generally, it requires securing a Prevailing Wage Determination (PWD) from the U.S. Department of Labor (USDOL), and the placement of certain job advertisements, to prove no qualified, able, and willing U.S. worker is available to fill the job position the employer wishes to offer to the foreign employee. The employer may file a PERM application with the USDOL, based upon this job recruitment process. If the application is certified by USDOL, the employer may proceed with petitioning USCIS for the desired immigrant visa for the intended permanent foreign worker.

“NIW” National Interest Waivers

The National Interest Waiver (NIW) is available to foreign nationals of exceptional ability in the arts, sciences, or business, and advanced degreed professionals, including Ph.D. students. NIW allows foreign nationals to avoid the Permanent Labor Certification (PERM) process when the U.S. Attorney General determines that services the foreign national will provide to the U.S. outweigh the need to conduct the PERM process. Successful NIW cases prove:

1. the foreign national will pursue their career in an "area of substantial intrinsic merit” and “national importance” benefitting the U.S.;
2. the foreign national is well-qualified to advance the proposed endeavor; and
3. on balance, the benefit to the United States outweighs the need to conduct the PERM process.