Employment-Based Green Card: EB-1, EB-2, EB-3

EB-1A: Individuals with extraordinary ability (science, arts, athletics, business) • Self-petition — no employer required • Premium Processing available (15 days) EB-1B: Outstanding professors and researchers • Employer sponsorship required EB-1C: Multinational managers and executives • Requires a multinational company EB-2 NIW: Exceptional ability plus National Interest Waiver • Self-petition, no PERM required • Premium Processing available (45 days since 2023) EB-2 PERM: Advanced-degree professionals • Employer sponsorship plus PERM (6–18 months) EB-3: Professionals, skilled workers, and other workers • Employer sponsorship plus PERM

Criteria (must meet 3 of 10): • Lesser nationally or internationally recognized prizes or awards • Membership in associations requiring outstanding achievements • Published material about you in professional or major media • Judging the work of others • Original contributions of major significance to the field • Authorship of scholarly articles • Display of work at artistic exhibitions or showcases • Leading or critical role in distinguished organizations • High salary relative to others in the field • Commercial success in the performing arts Evidence may include publications, citations, awards, expert letters, patents, and media coverage.

Requirements (Matter of Dhanasar, 2016): 1. The proposed endeavor has national importance and substantial merit • The field has broad implications (health, economy, security, environment) • Impact extends beyond immediate clients or employer 2. You are well positioned to advance the proposed endeavor • Education, skills, experience, and record of success • Model or plan for future activity • Progress already achieved 3. On balance, it would be beneficial to waive the labor certification requirement • Balance of interests: national benefit vs. protection of U.S. workers • Unique skills not readily available among U.S. workers Advantages: No employer required, no PERM, Premium Processing available since 2023.

Priority Date — the date the I-140 is filed (PERM filing date for EB-2/EB-3). The Visa Bulletin (travel.state.gov) determines when you can file I-485: Dates for Filing (DFA): when you can submit I-485 Final Action Dates (FAD): when I-485 can be approved For most Worldwide categories: current (no backlog) For India EB-2: 10–20+ year wait For China EB-2: 3–4 year wait Downgrade strategy: EB-2 → EB-3 if EB-3 is current for India (consult an attorney).

Step 1: Prepare the I-140 petition with evidence of qualifications Step 2: File I-140 • Standard processing: 6–12 months • Premium Processing EB-1A/NIW: 15–45 days Step 3: After I-140 approval • Check the Visa Bulletin — a current priority date is required • For Worldwide categories, often immediate (no backlog) • File I-485 I-693 is required when filing I-485 I-864 is usually not required for employment-based cases (but verify!) Interview may be waived — USCIS decides at its discretion

The AC-21 Act allows you to change employers while I-485 is pending: Requirements: • I-485 pending 180+ days • I-140 approved (or approvable when filed) • New job in same or similar occupational classification Supplement J to I-485: • Form to notify USCIS of a job change • Recommended when changing employers • Not mandatory, but protects your application Important: The new job must be in the same or closely related occupational classification.