Employment-Based Categories

This employment-based first preference category may be filed by the employer, or it may be filed directly by the employee, as an offer of employment is not required. An employee who qualifies for this type of petition must have reached the very top of his or her field and achieved sustained national or international acclaim. Unless the employee is the recipient of a major, internationally recognized award such as a Nobel Prize, the petition must contain evidence to meet at least three of the following criteria:

• Receipt of lesser nationally or internationally recognized prizes or awards
   
• Memberships in associations in the field which require outstanding achievement for admission
   
• Published material about the alien in professional journals or other major media
   
• Experience judging the work of others, as on an editorial or peer-review board
   
• Original scholarly and/or scientific contributions of major significance
   
• Authorship of scholarly articles in professional journals or other major media
   
• Work displayed at artistic exhibitions or showcases
   
• Leading or critical role in a distinguished organization
   
• Receipt of a high salary compared to others in the field
   
• Commercial success in the performing arts

Only the employer may sponsor an employee for this employment-based classification, as an offer of employment is required. To qualify, the employee must be internationally recognized for outstanding academic achievements, and have at least three years of experience in teaching or conducting research within his or her academic field. The employment offer must be tenured or tenure-track, or a comparable permanent research position.

The petition must contain evidence to satisfy at least two of the following criteria:

• Major awards or prizes for outstanding achievement
   
• Memberships in associations in the field which require outstanding achievement for admission
   
• Published material in professional journals about his or her work in the academic field
   
• Experience judging the work of others, as on an editorial or peer-review board, in the same academic field, or in a similar field
   
• Original scholarly and/or scientific contributions of major significance
   
• Authorship of scholarly books or articles in international professional journals

Non-U.S. citizens who are members of the professions holding advanced degrees or their equivalent and those who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

With the possible exception of employees who can show they qualify for a national interest waiver, EB-2 petitions require the filing and approval of a labor certification by the U.S. Department of Labor. The offered position must require the advanced degree or its equivalent at a minimum.

This category is for professionals with a baccalaureate degree where the offered position requires at least that academic credential. EB-3 petitions require the filing and approval of a labor certification by the Department of Labor before an immigrant visa petition can be filed with the Immigration Service.

• Family-Based Permanent Residence
• Diversity Lottery