Labor Certification

EB-1, EB-2 and EB-3

Foreign citizens may be sponsored for permanent residency by a U.S. employer or through self-petitioning.  . Employment-based green card petitions have several classifications, with the most popular being: EB-1, EB-2 and EB-3, which are based on the employees skills, education and prior work history.  Employment-based permanent residency petitions are based on priority dates, which are determined by the date of filing.   This allows the USCIS to determine when a green card is available.  The EB-1 green card is for individuals of extraordinary ability, multi-national executives and managers, and outstanding researchers and professors.  The EB-2 green card is for foreign nationals of exceptional ability in the sciences, business, or arts; or for individuals with advanced degrees.  The EB-3 green card is for skilled workers with at least two years of experience or training; or for professionals with a U.S. bachelor’s degree; and for other “unskilled” workers.

Self Petitioning

Extraordinary Ability

An individual may self-petition for a Green Card when they are deemed to be an “individual of extraordinary ability” in the sciences, arts, education, business, or athletics. These individuals are not required to have a job offer in order to petition for a Green Card. This designation is limited to a small group of individuals who are considered to be the very best in their fields. Additionally, those individuals who are granted a National Interest Waiver may also self-petition. Unless you are in one of these two categories, you will not be permitted to self-petition for a Green Card

National Interest Waiver

A National Interest Waiver is a waiver of the job offer requirement for foreign nationals who would like to apply for a Green Card. The National Interest Waiver has three general requirements. First, you must plan on working in the United States in an area of substantial intrinsic merit. Second, you must show that the proposed impact of your work is national in scope. Third, you must show that waiving the labor certification requirement would benefit the national interests of the United States