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EB1
EXTRAORDINARY ABILITY (EB-1A)
The Extraordinary Ability category is one of the fastest methods for obtaining an employment-based visa because there is no requirement for a PERM Labor Certification, or a job offer from a U.S.-based employer. Preparing the petition can be an intensive process and the criteria can be difficult to meet, particularly for those still early in their career. Therefore, it is important to have a knowledgeable team to assist to help put together a strong petition for the best chance of success.
OUTSTANDING PROFESSOR OR RESEARCHER (EB-1B)
This category also does not require the PERM Labor Certification, but applicants must be sponsored by a qualifying U.S. employer offering them permanent employment. The criteria can also be very difficult to meet as it takes years to build the experience (3 years minimum) and evidence.
MULTINATIONAL EXECUTIVES AND MANAGERS (EB-1C)
This category also requires a sponsoring U.S. employer but has different criteria than EB-1A and EB-1B. Beneficiaries are either an executive or manager and must have been employed in an overseas company in this capacity for at least one of the preceding three years of employment. The U.S. company must be related to the overseas company, for example, a branch or subsidiary. In addition to the three EB1 Immigrant Visa options, there are two alternatives foreign nationals can consider: the EB2 National Interest Waiver and the O1 Nonimmigrant Visa.
EB2 NATIONAL INTEREST WAIVER (NIW)
Individuals at an earlier stage in their career may self-sponsor to obtain an NIW for an EB2 immigrant visa based on their prior accomplishments and the benefits of their work to the national interests of the United States. No job offer or employer sponsorship is required and the criteria to meet are a bit more flexible but are still very difficult to meet. The EB2 NIW is an immigrant visa petition, which means it does lead to a green card.
O1 VISA
The O1 visa is a nonimmigrant visa, which means it is a temporary visa and does not lead to a green card. The criteria and petition process are very similar to a petition in the EB1 category but the visa requires employer sponsorship. The O1 visa can be initially granted for a period of stay of up to three years and extensions can be requested.
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