Employment & Ability-Based Immigrant Visas

• Pursuing Multiple Avenues
• When is a Sponsoring Employer Necessary?
• When is Labor Certification Necessary?
• Processing Times

This first preference EB1 priority workers category avoids labor certification and is reserved for:

• Persons of Extraordinary Ability (EB1a), 
• Outstanding Professors and Researchers (EB1b), and 
• Multinational Executives and Managers (EB1c).   

If your occupation is included on Schedule A, it is already established that the employment of foreign workers in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.  Therefore, 'Schedule A' foreign workers can obtain a green card without first having to go through the entire labor certification process. 

• EB2:  Professionals Holding an Advanced Degree; Persons with Exceptional Ability in the Arts, Sciences, Business; & National Interest Waivers
• EB3:  Skilled Workers who have at least two years of experience, training, or education;  Professionals with a BA Degree, Other Workers  
• EB4:  Religious Workers;  Certain Others 
• EB5:  Investors

• An exemption to avoid labor certification & allow self petitioning without a job offer
• Advanced-degree professionals and aliens with exceptional ability if in the national interest

Examine the various categories outlined below because you may well qualify for multiple avenues. Multiple avenues can be simultaneously pursued.  Examine the various categories outlined below because you may well qualify for multiple avenues.  

Historically, all EB1 categories are usually current thus allowing concurrent filing for adjustment of status to obtain legal permanent residency.

Some categories allow you to self-petition and others require that you have a sponsoring employer. The categories that allow self-petitioning are focusing on individuals who have made an impact in their field and whose accomplishments qualify them for the Extraordinary Ability (EA) category or a National Interest Waiver (NIW).

A labor certification is required in some of the employment-based categories that involve an employer to sponsor.  It demonstrates that the U.S. employer attempted but was unable to find a qualified U.S. worker. In usual cases, the employer undergoes what is called a PERM process wherein the employer advertises the position to first identify and consider qualified U.S. Citizens or Permanent Residents seeking employment.  If no U.S. worker having the same objective minimum qualifications as the alien is available, a labor certification may be granted.

The EB1 category of visas are an exception to the usual labor certification requirement. For example, Outstanding researchers can avoid the delay of a labor certification.  The sponsoring employer is not required to advertise the position.  It is an easier category to pursue than the EA or NIW.  The visa bulletin shows when and for what countries this visa is currently available. 

Each EB1 category (described below) has its own processing time estimation, which is listed below. Additionally, the overall EB1 processing time will depend on other factors, including:

• Whether you select premium processing;
• Whether you concurrently file your petition with an adjustment of status rather than first wait for petition to be approved before filing for an adjustment;
• Which USCIS service center reviews your case (Nebraska Service Center or Texas Service Center); and,
• Whether a Request for Evidence is issued for your case.