Get on the path to results today.

Kennedy Law Firm
Kennedy Law Firm
  • Home
    • Naturalization
    • Citizenship - Born Abroad
    • Family-based Immigration
    • Temporary Visas
    • Employment Green Cards
    • EB1 Immigrant Visas
    • EB2, EB3, EB4, & EB5
    • Schedule A Occupations
    • National Interest Waivers
    • Nurse/Physical Therapist
    • Performers & Athletes
    • Contact Us
    • Why Hire KLF?
    • What Clients Say
    • Payment Options
    • USCIS Filing Fees
    • I-94 & Address Records
    • Advanced Parole Travel
    • What If I Overstay?
    • COVID-19 Proclamations
    • Public Charge Test
    • Home
    • Families & Citizenship /
      • Naturalization
      • Citizenship - Born Abroad
      • Family-based Immigration
    • Visas Work Study Invest /
      • Temporary Visas
      • Employment Green Cards
      • EB1 Immigrant Visas
      • EB2, EB3, EB4, & EB5
      • Schedule A Occupations
      • National Interest Waivers
      • Nurse/Physical Therapist
      • Performers & Athletes
    • Contact Us /
      • Contact Us
      • Why Hire KLF?
      • What Clients Say
      • Payment Options
      • USCIS Filing Fees
    • Helpful /
      • I-94 & Address Records
      • Advanced Parole Travel
      • What If I Overstay?
      • COVID-19 Proclamations
      • Public Charge Test
  • Home
image102
KLF assists with winning strategies for

Employment & Ability-Based Immigrant Visas

Each year, many people obtain their green cards through employment based preferences, giving permanent resident status in the US.  The employment based category is divided into five sections:  EB-1, EB-2, EB-3, EB-4, and EB-5.   Schedule A occupations & National Interest Waivers offer advantages.

Overview of Employment-Based Visa Categories

Basics of Employment Visas

First Preference EB1 Green Cards: EB1a, EB1b, & EB1c

First Preference EB1 Green Cards: EB1a, EB1b, & EB1c

image103

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

Find more about EB basics

First Preference EB1 Green Cards: EB1a, EB1b, & EB1c

First Preference EB1 Green Cards: EB1a, EB1b, & EB1c

First Preference EB1 Green Cards: EB1a, EB1b, & EB1c

image104

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).   

Find more about First Preference EB1 Qualifications

Fast Track for Schedule A Occupations

First Preference EB1 Green Cards: EB1a, EB1b, & EB1c

Fast Track for Schedule A Occupations

image105

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. 

Find more about Schedule A

EB2, EB3, EB4, & EB5

EB2 National Interest Waivers

Fast Track for Schedule A Occupations

image106

  • 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

Find more about EB2, EB3, EB4, & EB5 Qualifications

EB2 National Interest Waivers

EB2 National Interest Waivers

EB2 National Interest Waivers

image107

  • 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

Find more about National Interest Waivers

Basics of Employment-Based Visas

Qualifying for Multiple Avenues Simultaneously

Qualifying for Multiple Avenues Simultaneously

Qualifying for Multiple Avenues Simultaneously

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.

When Do You Need a Sponsoring Employer?

Qualifying for Multiple Avenues Simultaneously

Qualifying for Multiple Avenues Simultaneously

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).

When Do You Need a Labor Certification?

When Do You Need a Labor Certification?

When Do You Need a Labor Certification?

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. 

Processing Times

When Do You Need a Labor Certification?

When Do You Need a Labor Certification?

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.

EB1a, EB1B, EB1C qualifications

Find Specifics Here

EB2, EB3, EB4, & EB5 qualifications

Find Specifics Here

Copyright © 2020 Kennedy Law Firm LLC - All Rights Reserved.

  • Contact Us
  • Payment Options
  • USCIS Filing Fees
  • Disclaimer
  • I-94 & Address Records