Temporary Solutions (Non-immigrant Visas)
& Permanent Solutions (Immigrant Visas)

Overall, there exist 5 preference categories of Employment-Based (“EB”) immigrant visas. Of those 5, our firm handles the following categories:

• EB-1A Alien of Extraordinary Ability *
• EB-1B Outstanding Professor or Researcher
• EB-1C Multinational Executive or Manager
• EB-2 National Interest Waiver *

* These case-types permit “Self-Petitioning,” meaning that employer sponsorship is possible, but not legally required. Nonetheless, presenting a specific plan of employment is always necessary.

Any given petition (meaning, “formal request”) for an EB immigrant visa will be one based on an individual’s professional merits and/or the needs of his or her prospective U.S. employer.

Notably, EB visa petitions are not green card applications, of their own accord. Rather, they are the necessary pathway through which one may ultimately acquire permanent residency (a “green card”), barring their qualification for permanent residency through a different avenue, such as through qualifying family relations.

An EB visa petition embodies the proof that an individual holds the professional merits deserving of a green card. If the government approves an EB visa petition, it will be inclined to grant a green card so that one can then live and work in the U.S., without restriction. A green card is bestowed with the general expectation that the benefitting individual will continue to contribute their professional talent to the advantage of the United States, on a permanent basis.

Qualification for either of the five EB visa preference categories will depend on one’s unique career credentials; job prospects or plans in the U.S.; and the ability to fulfill the unique legal demands of a given visa category; among other factors. For more information on the specific requirements of each EB visa preference category handled by our office, please refer to the “Visa Categories” section, located directly below.

Securing a green card on the basis of an EB visa petition is a two-step process:

• Step 1: A petition for an employment-based immigrant visa is filed in order to demonstrate one’s professional merits. If the government is satisfied, it may discretionarily approve the immigrant visa petition. Importantly, there is a set limit to the number of EB visas that the government is willing to issue each year. In other words, the process is competitive. Simply meeting the black & white legal requirements of a case-type is not enough for one to secure an approval. One should be willing to go above and beyond in distinguishing oneself from other professionals who have petitioned for the same benefit and who may similarly meet the baseline legal requirements. Thus, the first procedural step of getting one’s EB petition approved (getting one’s professional merit acknowledged) entails a complex and competitive process best navigated with the help of an attorney who is familiar with the legal requirements and the government’s preferences.
• Step 2: Following approval of the EB immigrant visa petition–and barring the existence of any impeding criminal background, legal maintenance of status issue, or other obstacle–the government may accordingly grant one a “green card.”

Overall, the entire process typically takes over a year and may be carried out in the United States through the adjustment of status (“AOS”) process, or, alternatively, may be completed abroad through consular processing (“CP”). Those who apply for AOS are entitled to apply for work and travel permits so that, upon receipt of the permits, they may work and travel internationally during the pendency of their case. Regardless of choosing AOS versus CP, spouses and unmarried children under 21 years of age may also apply for permanent residency, either concurrently with the principal applicant or afterwards.

Obtaining a green card involves fulfilling a higher standard of qualification as compared to obtaining a non-immigrant visa. Dedicated collaboration with an attorney helps ensure that the proper evidence is gathered and strategically presented. Qualification, as well as the ideal processing strategy to pursue, is best determined by a knowledgeable attorney who can analyze a wide range of influencing factors and guide you in making the wisest decisions.