Green Cards

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are valid for a period of 10 years. Once a Beneficiary has been a Permanent Resident for 5 years, he or she can apply for Naturalization to become a U.S. Citizen. If the Green Card was obtained based on marriage to a U.S. Citizen or Permanent Resident, the Beneficiary need only wait 3 years before applying for Naturalization.

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EB-2: Professionals with Advanced Degrees or Persons with Exceptional Ability

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The EB-2 employment-based permanent resident classification is reserved for individuals who fall into one of three categories:

1. Advanced Degree,
2. Exceptional Ability,
3. and National Interest Waiver.

Advanced Degree For the Advanced Degree category, the foreign national must possess a Master’s or higher degree (or its equivalent) in a specific profession and be employed in a position that would require such a degree. Generally, holders of employment-based (H-1B, O-1) or student visa (F-1) classifications will apply for this classification. Exceptional Ability The Exceptional Ability Category requires the foreign national to demonstrate that he or she has gained national or international recognition for past work in the arts, science, or business. The Applicant must also demonstrate that he or she will be employed in a position that requires his or her specific exceptional ability. Often, O-1 outstanding ability nonimmigrant classification holders will apply for this category, given the similarities of the two classifications. National Interest Waiver The National Interest Waiver category is substantially similar to the Exceptional Ability category described above. The one difference is that the foreign national, can request a waiver of the U.S. employer requirement by demonstrating that he or she will bring skills or talent that is highly beneficial to the U.S. Often, O-1 outstanding ability nonimmigrant classification holders will apply for this category based on the similarities of the two classifications, and because an employer is not required.

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EB-3: Bachelor's Degree, Skilled, Unskilled Workers

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• While the EB-3 classification covers a variety of professional and unskilled categories, the primary category is the “professionals” category. This is reserved for individuals who possess at least a Bachelor’s Degree (or its equivalent) in a specific profession, and will be working in a position that requires such a degree.
• While any nonimmigrant classification can be adjusted to this classification, the vast majority of nonimmigrant classification holders who apply for the EB-3 classification hold H-1B Specialty Occupation classifications. This is primarily due to the fact that both the H-1B and the EB-3 classifications have similar underlying requirements.
• Applicants without a Bachelor’s Degree, such as those on the H-2B for Temporary Non-Agricultural Workers, may apply for the EB-3 unskilled category.

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EB-1: Extraordinary Ability, Outstanding Researchers/Professors, International Managers/Executive

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is an employment-based Permanent Resident classification is reserved for individuals who fall into one of three categories:

1. Extraordinary Ability
2. Outstanding Professor or Researcher
3. Multinational Manager or Executive.

The corresponding nonimmigrant classification that can lead to EB-1 Permanent Residence depends on the specific EB-1 category sought by the Applicant. However, none of these categories requires a nonimmigrant classification as a prerequisite because they can all be obtained by a qualifying foreign national outside the U.S. via consular processing. Extraordinary Ability: This is a self-petitioning category that does not require a prior nonimmigrant visa, but the most typical visas issued as a precursor to the EB-1 are the O-1A and O-1B visas for individuals with extraordinary ability. However, some nonimmigrant classifications do not permit Adjustment of Status in the US, including the Visa Waiver Program, K-1 fiancée classification, and J-1 visas that have a 2-year home country requirement. Outstanding Professor or Researcher: This is a category created specifically for leading academics. While most nonimmigrant classifications can be adjusted to this immigrant category, the most common types are academic or employment-based classifications, such as an F-1 student, H-1B “Specialty Occupation,” or O-1 Outstanding Ability visa. Multinational Executive or Manager: While most nonimmigrant classifications could be adjusted to this category, this is the one category under the EB-1 classification that has a specific corresponding non-immigrant classification--the L-1A Multinational Executive/Manager classification. In order to qualify for the EB-1-3, the applicant must demonstrate executive or managerial employment abroad with a qualifying entity for at least one year in the past three years.

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