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EB1A

 

EB1B

 

EB1C

 

EB2NIW

 

EB2 and EB3

 

PERM Labor Cert. Application

 

EB5: Investors

 

H1B

 

H3

 

O1/O2

 

F1

 

J1

 
    

EB2 and EB3


E
B2 Legal Requirements: 
Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate, or a United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty.

Any United States employer may file a petition.

Generally, every petition under this classification must be accompanied by an individual Labor Certification from the Department of Labor [PERM].

Document Preparation

Initial evidence. The petition must be accompanied by documentation showing that the alien is a professional holding an advanced degree or an alien of exceptional ability in the sciences, the arts, or business. 

An official academic record showing that the alien has a United States advanced degree or a foreign equivalent degree; or

An official academic record showing that the alien has a United States baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty.

EB3 Legal Requirements:  Skilled worker means an alien who is capable, at the time of petitioning for this classification, of performing skilled labor (requiring at least two years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision. 

Professional means a qualified alien who holds at least a United States baccalaureate degree or a foreign equivalent degree and who is a member of the professions.

Other worker means a qualified alien who is capable, at the time of petitioning for this classification, of performing unskilled labor (requiring less than two years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. 

Document Preparation

Every petition under this classification must be accompanied by an individual labor certification from the Department of Labor. [Link to PERM page 8]

General. Any requirements of training or experience for skilled workers, professionals, or other workers must be supported by letters from trainers or employers giving the name, address, and title of the trainer or employer, and a description of the training received or the experience of the alien. 

Skilled workers. If the petition is for a skilled worker, the petition must be accompanied by evidence that the alien meets the educational, training or experience, and any other requirements of the individual labor certification, meets the requirements for Schedule A designation, or meets the requirements for the Labor Market Information Pilot Program occupation designation. The minimum requirements for this classification are at least two years of training or experience.

Professionals. The petition must be accompanied by evidence that the alien holds a United States baccalaureate degree or a foreign equivalent degree and by evidence that the alien is a member of the professions. Evidence of a baccalaureate degree shall be in the form of an official college or university record showing the date the baccalaureate degree was awarded and the area of concentration of study. To show that the alien is a member of the professions, the petitioner must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation. 

Other workers. If the petition is for an unskilled (other) worker, it must be accompanied by evidence that the alien meets any educational, training and experience, and other requirements of the labor certification.

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