Extraordinary Ability Visa Lawyers

EB Series
The term “EB” means “employment-based”, it refers to employment-based immigration application to secure Green Card through acquiring the right to work in the US.


What is EB-1?
EB-1 is the first category of the employment-based immigration applications in the US, commonly known as the “extraordinary ability” visa. The US government hopes to introduce more immigrants with outstanding talent through the EB-1 program; therefore, the EB-1 applicants are also expected to continue their specialization in the respective industries in the future.
EB-1 is divided into three categories:
EB-1A (extraordinary ability)
Under this category, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
EB-1B (Outstanding professors and researchers)
American scientific research institutions such as universities, higher academic institutions, or private research laboratories, etc. (applicant) can introduce outstanding researchers and professors into the US by applying for EB-1B, who shall demonstrate international recognition for their outstanding achievements in a particular academic field and are being hired to hold a tenured post.
EB-1C (Multinational managers/executives)
This is an immigration application designed for managers and executives working in multinational companies, and generally considered as a continuation of the L-1 Visa. The L-1 beneficiary can apply for EB-1C for a Green Card after one year of the business’s successful operation in the US. The requisites of the EB-1C are similar to those of the L-1, wherein the beneficiaries are also managers/executives of a multinational company with the management ability to operate the company. The EB-1C beneficiary should have worked for a qualified multinational company in the US for at least one year, and they are prohibited to come to the US for the purpose of setting up new enterprises. Should you plan to come to the US to set up a business and apply for immigration, we suggest that you apply for the L-1 Visa first and adjust to EB-1C after one year.

Let’s discuss various specific requirements and precautions for employment-based immigration:
Application requirements for EB-1A
The EB-1A Visa does not require the applicant to have offer of employment or labor certification in the US; therefore, the applicant can self-petition and does not need to seek an employer to apply on their behalf. EB-1 has seemingly more relaxed requisites compared to other employment-based immigration visas but requires sufficient evidence to prove the extraordinary ability of the applicant.
Such evidence could be that of a one-time achievement of international acclaim (i.e. Olympics, World Championships, Oscar, etc.), as well as proof that you will continue to specialize in the area of your expertise.

EB2 is applicable to the immigration candidates who are having the Master’s Degree or above (or the Bachelor’s Degree with at least five-year working experience). Most applicants of EB2 are the holders of H-1b in practice. The application for EB2a is same as application for other EB, which require the employer sponsorship in whole course. Employer should submit the application as the applicant while obtaining the labor certificate. Let’s talk about the requirements for application of EB2 in detail:

First of all, educational requirement
As mentioned at the beginning part of article, the Bachelor Degree and above is a necessary factor. Applicants of Bachelor’s Degree with at least five-year working experience in the Bachelor's Degree program shall be deemed as having the Bachelor’s Degree and above.
Secondly, occupational requirement
Firstly, the occupation and work content should have relevance with the program you have studied, that is the employer should provide the corresponding job opportunity based on the candidates’ highest degree. Immigration Office will perform a substantial examination to the matching status between the job name and work content to be applied and candidates’ occupation. Our professional lawyer team will design the application plan for you in accordance with your conditions, as well as improve the passing rate of case while considering your actual conditions base on meeting Immigration Office’s requirements.
Employer need to apply for the labor certificate to clarify the matching degree between position and educational degree if you intent to apply for this type of visa. Labor certificate should indicate the educational requirements and prevailing wage applicable to the position, employer should make a payment of remuneration for the candidates not less than the standard wage. Meanwhile, the employer should prove its financial capacity of making a payment of remuneration for the candidates to Immigration Office by providing the documents e.g. annual reports, tax forms etc. to Immigration Office.

Apart from the above-mentioned highest degree, the candidates with exceptional ability may also apply for EB2 if meeting the following requirements;
If the candidates have exceptional ability in the fields of science, art or commerce, or the candidates may make a contribution and energy for the public sectors of the United States e.g. national economy, education and culture, public affairs etc. (National Interest Waiver, NIW), or the job performed by candidates is the position of personnel in short supply in the United States.
As for the consideration on exceptional ability, Immigration Office usually require the candidates to meet any three items in the following six item:
Having the official educational degree, the educational degree and candidates’ exceptional ability should be matching in terms of program;
Capable of proving the candidates have more than ten-year full-time working experience in the relevant fields; Candidates are having the relevant professional certificates;
Candidates are capable of obtaining the wage apparently higher than others due to their exceptional ability; Candidates are the members of professional organizations in relevant fields;
Candidates are having the higher achievements than others in relevant fields.
Immigration Office has the discretionary power, it will perform the fact checking to relevant proof and judge whether the candidates are having the “exceptional ability” to support their immigration application. As for the candidates of applying for the National Interest Waiver (NIW), they can waive the preconditions of requiring employer to provide the job. You are able to file NIW application without needing employer’s sponsorship; or you are able to waive the application for labor certificate if having the employer’s sponsorship for your application. Please click the relevant linkage for searching details on the specific requirements of applying for NIW.
EB2
EB2 is applicable to the immigration candidates who are having the Master’s Degree or above (or the Bachelor’s Degree with at least five-year working experience). Most applicants of EB2 are the holders of H-1b in practice. The application for EB2a is same as application for other EB, which require the employer sponsorship in whole course. Employer should submit the application as the applicant while obtaining the labor certificate. Let’s talk about the requirements for application of EB2 in detail:

First of all, educational requirement
As mentioned at the beginning part of article, the Bachelor Degree and above is a necessary factor. Applicants of Bachelor’s Degree with at least five-year working experience in the Bachelor's Degree program shall be deemed as having the Bachelor’s Degree and above.
Secondly, occupational requirement
Firstly, the occupation and work content should have relevance with the program you have studied, that is the employer should provide the corresponding job opportunity based on the candidates’ highest degree.

Immigration Office will perform a substantial examination to the matching status between the job name and work content to be applied and candidates’ occupation. Our professional lawyer team will design the application plan for you in accordance with your conditions, as well as improve the passing rate of case while considering your actual conditions base on meeting Immigration Office’s requirements.
Employer need to apply for the labor certificate to clarify the matching degree between position and educational degree if you intent to apply for this type of visa. Labor certificate should indicate the educational requirements and prevailing wage applicable to the position, employer should make a payment of remuneration for the candidates not less than the standard wage. Meanwhile, the employer should prove its financial capacity of making a payment of remuneration for the candidates to Immigration Office by providing the documents e.g. annual reports, tax forms etc. to Immigration Office.

Apart from the above-mentioned highest degree, the candidates with exceptional ability may also apply for EB2 if meeting the following requirements;
If the candidates have exceptional ability in the fields of science, art or commerce, or the candidates may make a contribution and energy for the public sectors of the United States e.g. national economy, education and culture, public affairs etc. (National Interest Waiver, NIW), or the job performed by candidates is the position of personnel in short supply in the United States.
As for the consideration on exceptional ability, Immigration Office usually require the candidates to meet any three items in the following six item:
Having the official educational degree, the educational degree and candidates’ exceptional ability should be matching in terms of program;
Capable of proving the candidates have more than ten-year full-time working experience in the relevant fields; Candidates are having the relevant professional certificates;
Candidates are capable of obtaining the wage apparently higher than others due to their exceptional ability; Candidates are the members of professional organizations in relevant fields;
Candidates are having the higher achievements than others in relevant fields.
Immigration Office has the discretionary power, it will perform the fact checking to relevant proof and judge whether the candidates are having the “exceptional ability” to support their immigration application. As for the candidates of applying for the National Interest Waiver (NIW), they can waive the preconditions of requiring employer to provide the job. You are able to file NIW application without needing employer’s sponsorship; or you are able to waive the application for labor certificate if having the employer’s sponsorship for your application. Please click the relevant linkage for searching details on the specific requirements of applying for NIW.

EB3 is an immigration visa provided to the skilled worker, professional worker and other workers according to the literal requirements of Immigration Office. There are 40,000 places can be assigned to EB3 applicants in each fiscal year, in which the number assigned to visa for other types of worker can’t exceed 10.000. Specifically speaking, skilled worker refers to the worker of having professional training and experience for two years and above, professional worker refers to the senior worker of having the Bachelor's Degree and equivalent degree. Same as other EB visa, EB3 also requires the employer’s sponsorship in whole course. The employer should apply as a candidate on behalf of employee, declare for the labor certificate and submit I-140 immigration application to Immigration Office upon obtaining the labor certificate.
According to the requirements on working experience, educational degree and prevailing wage for relevant jobs on labor certificate, the employer should provide the proof documents to prove that it is reasonable for applicant to employ one foreign employee for this job. The candidates should meet all requirements regardless of their own educational background or working competence so as to fill a labor vacancy for the United States’ society to relevant fields and jobs.
H1B holders may start to apply for Green Card upon obtaining the employer’s sponsorship in practice. Your immigration lawyer team will make a proper planning for your according to the scheduling status of current year and your personal conditions. If selecting to apply for EB2 or EB3, we will select the best and fastest application pathway on the premise of ensuring a passing rate of case.

NIW is an exception in EB2 application, allowing the applicant of complying with conditions to waive the employer’s sponsorship and application of labor certificate. As for the applicant of foreign worker immigration, the general requirements of applying for EB2 are to seek the local employer’s sponsorship in the United States for providing the job and wage meeting the requirements of the Department of Labor for the foreign worker, as well as providing the permanent labor certification to the Department of Labor to obtain the labor certificate. This whole process is significantly long with manpower and financial resources consumption.
In order to better attract excellent talents, as well as reduce the time and financial burden of immigration for excellent talents, the foreign worker of complying with the NIW (National Interest Waiver) may waive these two preconditions including the employer’s sponsorship for work and the application of labor certificate. That is, the foreign worker of complying with NIW may directly submit his/her own I-140 immigration application form by himself/herself, or the employer may directly submit I-140 immigration application to Immigration Office without obtaining the labor certificate in advance.
So what kind of applicant may meet the application requirements of NIW?
First of all, you need to meet the basic requirements of EB2.
Based on this, Immigration Office requires that the foreign worker may apply for NIW only if the job he/she will perform can be predicted to bring a great benefit to the United States and this country. Immigration Officer will perform an examination to the professional ability of NIW applicant, and own the discretionary power. Generally speaking, NIW is applicable to the candidates who are having strong abilities and high achievements in the fields of science, art and commerce etc.
In summary, the qualification requirements for NIW are much higher than the general requirements of EB2. Currently the United States’ government has issued a series friendly policies to the immigration group since Biden won the US presidential election. In January 2022, the Biden Harries Administration is announcing a series of actions to rebuild and strengthen their immigration system, as well as advocate the richness for the United States. Based on these actions, Immigration Office is also encouraging STEM professional personnel to apply for NIW at present.