EB-1 and EB-2 visas
The United States grants permanent residency to foreign nationals who exhibit great talent, intelligence, or business prowess through EB-1 and EB-2 visas. The qualifications and processes associated with these visas are quite complex and extensive. An experienced immigration law attorney should not only be able to tell you whether you qualify, but also help you with the application process so you don't make any missteps that cause the delay or denial of your visa.
EB-1 Visa
Who is Eligible for EB-1 Category?
EB-1 is an employment-based, first-preference visa open to those who exhibit extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. Each of these categories is defined as follows:
• Extraordinary Ability: Individuals who qualify demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, and are nationally or internationally recognized. Extensive documentation must be provided as proof of achievements. Offer of employment is not a requisite.
• Outstanding Professor or Researcher: Individuals who qualify are recognized for outstanding achievements in their respective fields, in which they must have at least three years experience of teaching or research. In exchange for permanent residency, they must pursue a tenure or tenure track or comparable research position at an institution of higher education.
• Multinational Manager or Executive: Individuals who qualify have been working outside of the
United States in a managerial or executive position for at least one out of the three years preceding the petition. They must continue service for the same corporation or firm in the U.S., whether it's with the same employer, an affiliate, or a subsidiary, in order to gain permanent residency.
Applicants for the former two categories must meet a certain number of criteria from an extensive list established by the U.S Citizenship and Immigration Service (USCIS). Our office can provide more details during your consultation with us.
An individual can get a green card through an employment-based petition, first-preference, if he or she has extraordinary ability, is an outstanding professor or researcher or is a multinational executive/manager.
A. Alien of Extraordinary Ability EB-1A
B. Outstanding Researcher/Processor EB-1B
C. Managers and Executive Transferees EB-1C
A person with extraordinary ability must show he or she has reached the top level in the arts, sciences, education, business, or athletics. No offer of employment is needed in the EB-1A category, but it helps to show offers from U.S. employers. An outstanding professor or researcher does need an offer from a prospective employer, usually for a tenure-track position. He or she must also show international recognition and have at least three years of experience in the field. As a multinational manager or executive, one has to be employed by the U.S. employer petitioning him or her and is entering the U.S. to continue working for that employer.
How we can help
The Law Offices of Azhang & Associates, Inc. can assist you in filing an employment petition in the First Preference (EB-1) Category. The good news is that in this classification one does not have to go through the labor certification process, which can save applicants both time and money. We will work with you and your employer to complete the forms, as well as prepare all the supporting documentation to show the high level of ability needed to obtain this type of green card. Although we cannot guarantee success, we are experienced in preparing applications that prove an individual is at the top of his or her field and therefore should be approved in the EB-1 category.
EB-2 Visa
Who is Eligible for EB-2 Category?
EB-2 is an employment-based, second-preference visa reserved for professionals who hold an advanced degree or its equivalent or a foreign national who exhibits exceptional ability. The categories are defined below:
• Advanced Degree: Qualified individuals are pursuing a job in the U.S. that requires an advanced degree or its equivalent (a baccalaureate degree along with five years of experience in the field).
• Exceptional Ability: Qualified individuals display exceptional ability in the sciences, arts, or business. Exceptional ability is defined as "a degree of expertise [that is] significantly above that ordinarily encountered in the sciences, arts, or business."
• National Interest Waiver: Qualified individuals are employed in the U.S. and contribute greatly to the nation's benefit. They may self-petition and file their labor certification directly with USCIS along with Form I-140.
Applicants must provide documentation that meets certain criteria established by the USCIS, including official academic records, membership in a professional association(s), recognition for
achievements, and more. Our office can provide more details during your consultation with us.
Second Preference Category visas also known as, EB-2 (Employment Based) visas are dedicated to two types of foreign individuals, those who:
a. Are members of professions who have an advanced degree or its equivalent, b. Have exceptional ability in the sciences, arts, or business.
The foreign worker must first have a full-time job offer from a U.S. employer. The employer must complete the PERM/Labor certification to the Department of Labor (DOL). PERM stands for Program for Electronic Review Management. A labor certification is a declaration by the U.S. employer confirming that they have advertised the position and interviewed U.S. worker candidates. The labor certification further confirms that there are no qualified American Citizens or Permanent Residents for the positions and foreign workers are not taking jobs away from U.S. citizens. The employer must also submit a Prevailing Wage Request (PWR) to the DOL. A PWR confirms that the wage/salary the employer intends to pay is in line with the local job market for the particular position being offered.
Once these requirements have been fulfilled, the employer can then file a visa petition for the foreign worker on Form I-140. If the I-140 is approved and a visa is available, the foreign worker can then file a green card application also known as: Form I-485, Application to Register Permanent Residence or Adjust Status.
This visa category receives 28.6% of the yearly worldwide limit (about 40,000 annual visas, plus any unused Employment First Preference visas.) Because of a large number of applicants from China and India, it is common for there to be a waitlist for applicants from these countries. The waitlist for a visa under this employment-based category is known as the Visa Bulletin. After a foreign worker’s Form I-140 is approved, he or she cannot apply for a green card until their visa is available. The Visa Bulletin can be found at: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html.
How we can help
The immigration laws provide several employment-based visa categories. Fulfilling the requirements for employment-based visas is difficult and the application process has very demanding standards. Our office will provide you with experienced guidance to effectively assist you with your employment visa application. Throughout our representation, we will keep you informed every step of the way. Our firm’s commitment to staying up to date with immigration laws, statutes, regulations, and precedent cases ensures that we file an approvable EB-2 visa application on your behalf. Our many years of experience with these types of cases will avoid from costly errors and unnecessary delays.