1

Determine Whether You Fit Into The First Employment-Based Preference (EB1)

This preference group is for outstanding researchers and professors, and aliens of extraordinary ability in the sciences, arts, education, business and athletics. Outstanding researchers and professors include those with an offer of a tenure-track teaching position or a research position. Evidence of being "outstanding" might include publications in scholarly journals, presentations at international symposia, major international prizes, participation in judging the work of others, and/or contributions of original research in the field. Aliens of extraordinary ability are those who have risen to the top of their field. Unlike the second and third preferences, below, this preference group does not require a labor certification.

2

If You Do Not Fit within EB1, Determine Whether You Fit Into the Second Employment-Based Preference (EB2)

This preference group is for advanced degree professionals and exceptional ability aliens. Someone qualifies as an advanced degree professional when the job offered requires the attainment of a degree beyond a Bachelor's Degree, i.e., a Master's, PhD, JD, MD, etc. An alien of exceptional ability is one who has achieved a high level in their field, but has not quite risen to the top. This preference group usually requires a labor certification. This means that the Department of Labor (DOL) must certify that, after a recruitment effort, US workers qualified for the job being offered are unavailable to fill the position. The recruitment steps that an employer must undertake, which include print and internet advertising, is clearly set forth in DOL regulations. A waiver of the labor certification requirement, called a National Interest Waiver, is available where it can be shown that the alien will be serving a critical US need.

3

If You Don Not Fit within EB2, Determine If You Fit Into the Third Employment-Based Preference (EB3)

This preference group is for professions with Bachelor's degrees. In this group the job offer must require the attainment of a Bachelor's Degree. A labor certification is always required.