Subcategories
EB-1A: Extraordinary Ability
For individuals who can prove they’re at the very top of their field (sciences, arts, education, business, athletics).
Can self-petition (don’t need employer).
Must show sustained national/international acclaim.
Proof examples (need 3+ of these, or comparable evidence):
Major award (e.g., Nobel, Pulitzer) OR
Lesser national/international awards
Membership in associations that require outstanding achievement
Published material about you in major media
Judge of others’ work (reviewer, editor, conference committee)
Original contributions of major significance
Authorship of scholarly articles
Artistic exhibitions/performances
Leading/critical role in distinguished organizations
High salary compared to peers
Commercial success in arts/performance
EB-1B: Outstanding Professors and Researchers
Requires a permanent job offer (tenure/tenure-track or comparable research role).
At least 3 years of teaching or research experience.
Must show international recognition for academic achievements.
Employer must file petition.
EB-1C: Multinational Managers/Executives
For executives/managers transferred to the U.S. from abroad.
Must have worked 1+ year in the last 3 years for a qualifying company abroad (parent, affiliate, subsidiary).
U.S. employer must have been doing business for at least 1 year.
🥈 EB-2 (Employment-Based Second Preference)
Best for professionals with advanced degrees or “exceptional ability.”
Usually requires labor certification (PERM) unless waived.
Subcategories
EB-2A: Advanced Degree Professionals
Must have a U.S. advanced degree (master’s or higher) OR equivalent foreign degree.
OR a bachelor’s degree + 5 years of progressive work experience.
Employer sponsorship required.
EB-2B: Exceptional Ability
For people with expertise significantly above the ordinary in sciences, arts, or business.
Must meet 3 of 7 criteria, e.g.:
Academic degree
10+ years experience
License to practice profession
High salary
Membership in professional associations
Recognition for achievements/contributions
Comparable evidence
EB-2 NIW (National Interest Waiver)
Waives the job offer + PERM requirement if applicant’s work benefits the U.S. national interest.
Self-petition possible.
Must meet 3 criteria:
Work has substantial merit and national importance.
Applicant is well positioned to advance this work.
On balance, U.S. benefits by waiving the PERM process.