Employment-based green cards for clients in Ireland
US immigration law provides several employment-based immigrant preference categories.
For professionals, executives, researchers, business leaders and other highly qualified applicants, the categories most commonly considered include EB-1, EB-2 and EB-3.
The right category depends on the individual’s background and, in many cases, the proposed US employment.
EB-1: priority workers
The EB-1 category covers three distinct groups:
- individuals with extraordinary ability;
- outstanding professors and researchers;
- certain multinational executives and managers.
The requirements are different for each group.
EB-1A extraordinary ability
EB-1A may be available to someone who can demonstrate sustained national or international acclaim in the sciences, arts, education, business or athletics.
A US job offer is not required for EB-1A, and a qualifying applicant may file their own immigrant petition.
The standard is demanding. A successful career, senior title or strong professional reputation does not automatically establish extraordinary ability. The evidence must satisfy the applicable legal requirements.
EB-1B outstanding professors and researchers
EB-1B is available to certain internationally recognised professors and researchers.
Unlike EB-1A, this category requires qualifying employment in the United States and an employer-filed immigrant petition.
The individual’s research or academic record and the proposed US position both require analysis.
EB-1C multinational executives and managers
EB-1C may be relevant when a multinational business wants to transfer or retain a qualifying executive or manager permanently in the United States.
This route can be particularly important for Irish companies with established US operations.
The relationship between the Irish and US businesses, the employee’s qualifying overseas employment and the proposed US managerial or executive role must meet the requirements.
An executive who initially moves to the United States using an L-1A may later have an EB-1C route to permanent residence, but the two classifications have separate requirements.
EB-2: advanced degree and exceptional ability
EB-2 may be available to:
- members of professions holding an advanced degree or its equivalent; or
- individuals with exceptional ability in the sciences, arts or business.
Many EB-2 cases involve an employer-sponsored process and may require labour certification before the immigrant petition is filed.
There is an important exception: the National Interest Waiver.
EB-2 National Interest Waiver
A National Interest Waiver, commonly called an NIW, may allow a qualifying EB-2 applicant to request that the normal job-offer and labour-certification requirements be waived.
The applicant must first qualify for EB-2 and then establish that the proposed endeavour meets the National Interest Waiver standard.
A qualifying applicant can self-petition, which makes the NIW particularly relevant to some entrepreneurs, researchers, scientists, professionals and other individuals whose proposed work may have broader importance in the United States. The decision remains discretionary.
EB-3: skilled workers and professionals
EB-3 covers certain:
- skilled workers;
- professionals;
- other workers.
This route generally requires permanent US employment and employer sponsorship.
In many EB-3 cases, the US employer must first complete the labour-certification process before filing the immigrant petition.
The requirements depend on the position and the applicant’s qualifications.
Learn more about employment-based (EB) immigrant visas.
