Employment-Based Green Cards

EB-1: Priority Workers

Reserved for three groups:

1. **EB-1(A) Extraordinary Ability:** For those with top-level expertise in sciences, arts, education, business, or athletics. Unlike most other employment-based categories, you can **self-petition** without a job offer.

2. **EB-1(B) Outstanding Professors & Researchers:** For those with international recognition for outstanding achievements in a specific academic field. Requires at least 3 years of experience in teaching or research and a job offer for a tenure-track or comparable research position.

3. **EB-1(C) Multinational Managers/Executives:** For those who have been employed abroad by a qualifying company for at least 1 of the last 3 years in a managerial or executive capacity and are coming to the U.S. to work for the same or a qualifying related employer.

EB-1(A) Qualification Criteria

To qualify for EB-1(A), you must either provide evidence of a one-time achievement (major international award like a Nobel Prize) OR meet at least 3 of the following 10 criteria:

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.

• Evidence of your membership in associations in the field which demand outstanding achievement of their members.

• Evidence of published material about you in professional or major trade publications or other major media.

• Evidence that you have been asked to judge the work of others, either individually or on a panel.

• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.

• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.

• Evidence that your work has been displayed at artistic exhibitions or showcases.

• Evidence of your performance of a leading or critical role in distinguished organizations.

• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.

• Evidence of your commercial successes in the performing arts.

EB-2: Advanced Degree or Exceptional Ability

For professionals with advanced degrees (Master's or above, or Bachelor's plus 5 years experience) or those with exceptional ability. Usually requires PERM Labor Certification, unless a **National Interest Waiver (NIW)** is obtained — see the dedicated NIW sections below for the self-petition path.

EB-2 National Interest Waiver (NIW)

The National Interest Waiver (NIW) allows certain EB-2 applicants to bypass both the job offer and the PERM Labor Certification requirement when their work is in the national interest of the United States. With an NIW, you can **self-petition** by filing Form I-140 yourself, without an employer sponsor.

The NIW is most commonly used by researchers, advanced-degree STEM professionals, entrepreneurs, and physicians serving underserved areas.

The Three-Prong Dhanasar Test

To qualify for a standard NIW, you must meet the three prongs established in *Matter of Dhanasar* (2016):

1. **Substantial Merit & National Importance:** Your proposed endeavor must have value in areas like healthcare, STEM, entrepreneurship, education, or other fields with broader U.S. impact.

2. **Well Positioned:** You must have the expertise, education, record of success, plan, and resources to advance the work.

3. **Beneficial to Waive the Job Offer:** On balance, it must benefit the U.S. more to waive the job-offer / PERM requirement than to enforce it.

Physician National Interest Waiver

The Physician NIW is a specific path for doctors who agree to work full-time in clinical practice for at least 5 years in an area designated by HHS as having a shortage of healthcare professionals (HPSA/MUA) or at a VA facility.

**Key Requirements:**

• Must work in a designated underserved area or VA facility.

• Must provide primary care (family practice, internal medicine, pediatrics, OB/GYN, psychiatry) or a qualifying specialty.

• Must obtain a letter from a federal agency or state department of health stating the work is in the public interest.

STEM Professionals & Entrepreneurs

Recent USCIS policy guidance has clarified that individuals with advanced STEM degrees (especially Ph.D. holders) and entrepreneurs starting U.S. businesses that create jobs or drive innovation are particularly strong candidates for the NIW.

USCIS gives positive weight to:

• Advanced STEM degrees relevant to a critical and emerging technology or other national-importance area.

• Letters from interested U.S. government agencies or quasi-governmental entities.

• Demonstrated record of impact (publications, citations, patents, funded research, business traction).

EB-3: Skilled, Professionals, and Other Workers

For skilled workers (2+ years training/experience), professionals (Bachelor's degree), and 'other' workers (unskilled labor requiring less than 2 years training). EB-3 always requires PERM Labor Certification and an employer sponsor.

Regulatory Citations and Legal Basis

INA — Section 203(b)

Preference Allocation for Employment-Based Immigrants.

INA — Section 203(b)(2)(B)(i)

The Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.

Matter of Dhanasar — 26 I&N Dec. 884 (AAO 2016)

USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

Common Questions

Can I self-sponsor for a Green Card without an employer?

Yes, in certain high-preference categories. You can self-petition (file Form I-140 yourself) for an EB-1(A) Extraordinary Ability green card or an EB-2 with a National Interest Waiver (NIW). Most other employment-based categories (EB-1B, EB-1C, EB-2 standard, and EB-3) require a U.S. employer to sponsor the petition.

What is a Priority Date?

A Priority Date is your 'place in line' for a green card. For employment-based cases requiring PERM, it's the date the Labor Certification was filed. For others (like EB-1 or NIW), it's the date USCIS received your I-140 petition. You can file for adjustment of status only when your priority date is 'current' according to the Visa Bulletin.

What is PERM?

PERM is the process where the Department of Labor (DOL) certifies that there are no able, willing, qualified, and available U.S. workers for the position.

Do I need a job offer for an NIW?

No. One of the primary benefits of the NIW is the ability to self-petition without a specific U.S. employer or job offer.

Can I file for a standard NIW and a Physician NIW at the same time?

Yes — you can pursue multiple paths if you meet the requirements for both, though most physicians choose the path that best fits their long-term career goals.

Official Resources

• USCIS Permanent Workers (Employment-Based Green Cards)
• USCIS NIW Policy Guidance
• USCIS Physician NIW Info
• Department of State - Visa Bulletin