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The EB-1 visa is for extraordinary individuals who meet at least 3 of the 10 criteria laid out by USCIS.  Sawyer Law Firm can provide an intake sheet and provide a free assessment of your case.

The EB-2 NIW visa is for individuals who have exceptional ability in their field or have an advanced degree. The individual must be coming to the US to advance a proposed endeavor, be well-suited for the endeavor, and prove it is in the national interest.

The process is largely run and controlled by the employer as they have the responsibility to recruit and file the applications.  However, the process for the applicant is as follows:  

Step 1 – Labor Certification – The employer completes the recruitment process of U.S. workers and, once the individual has been interviewed and accepted, the employer files the Labor Certification with the Department of Labor on behalf of the individual.  

Step 2 – I-140 Application for Alien Worker – Once the Labor Certification is approved, additional documentation from the employer’s side is obtained, along with signatures from both employer and individual.  The Form I-140 and supporting materials are filed with the USCIS within 180 days of Labor Certification approval.

Step 3 – Consulate Interview/Adjustment of Status filing – If the individual is in the U.S., then they may file the Form I-485 to adjust their status to a Legal Permanent Resident (Green Card).  If the individual is outside of the U.S., we must submit civil documents to the National Visa Center and the individual must attend a visa interview at the Consulate in their home country, or where they have legal residence.

If you have recently married, or are the immediate relative of, a U.S. citizen or Legal Permanent Resident then you would qualify for a family-based green card.  The family-based process requires the filing of Form I-130 and either Form I-485 or a Consulate interview depending if you are inside or outside the U.S.