EB-1

In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment.

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EB-2

This visa is for professionals holding advanced degrees or equivalent, or those who possess an “exceptional ability” in the sciences, medicine, arts, business, or athletics and is broken down into two categories. Advanced Degree: The position you are seeking must require an advanced degree, or its equivalent (a bachelor’s degree plus 5 years progressive experience in the field).

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EB-3

This is an employment-based petition for positions requiring 2 years of training or experience. No formal education is required. However, a high school degree or equivaled is suggested. Here, the Department of Labor (DOL) issues a Permanent Labor Certification, thereby authorizing the US employer to submit a request to USCIS to hire the foreign worker and ultimately grant permanent residency through the permanent job offer.

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