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Immigrant with Extraordinary Ability

EB-1A Visa Green card for employment-based immigration

Eligibility

EB-1
Green card for employment-based immigration
and Visas are given to people who can prove they have exceptional talent in the arts, sciences, education, business, or sports via ongoing national and worldwide recognition. People who are granted this visa must also intend to stay in the country and work in the sector for which they have already achieved sustained recognition on a national and international level. However, it is not necessary for applicants to already have a particular employment offer.

Requirements 

USCIS will want thorough proof proving that the applicant has won the respect of many professionals in the industry. The applicant must provide proof that they are in the top 1% in their profession and have made substantial unique contributions, according to USCIS. A candidate must offer convincing proof that they satisfy at least three of the following requirements:

Green card for employment-based immigration
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  • has won honors or medals for excellence that have gained national or international recognition;
  • is a part of professional groups that demand the highest standards of performance from their members;
  • There has been information on the applicant published in prestigious professional or trade magazines or other significant media venues;
  • In either an individual or group setting, the candidate has been requested to evaluate the work of others;
  • The candidate has made extremely noteworthy and unique contributions to the field;
  • has published academic papers in eminent trade periodicals, professional journals, or other important media;
  • The applicant’s work has been shown at exhibits or showcases of the arts;
  • The candidate has held a position of authority or responsibility in illustrious organizations;
  • The candidate is compensated well compared to others in the area, whether by a high salary or other means;
  • achievement in the performing arts on a commercial level.

Please be aware that applications for an EB-1A visa may be submitted by an American third-party petitioner or as a self-petition, in which case the foreign national is the petitioner and is accountable for presenting evidence of their special talent.

An EB-1A visa candidate must demonstrate that they have achieved the pinnacle of their profession and have received considerable national and worldwide recognition and acclaim.

Validity

The Permanent Residence card itself must be renewed before its 10-year expiration date.

The status of a Permanent Resident, however, is indefinite.

In other circumstances, a conditional permanent residence card is issued; in this instance, the employment based green card expires after two years and the bearer of a green card must petition USCIS to have the restrictions on their status lifted. Their permanent residence card will thereafter be valid for another ten years.

Family Members Green card for employment-based immigration

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

Jurisdiction

EB-1A petitions are handled by USCIS directly. Priority dates apply to I-140 forms. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please book an appointment with one of our immigration lawyers to determine if you are eligible for this visa — fill out the Book an Appointment form.

Outstanding Professors and Researcher Immigrant

EB-1B Visa

Eligibility

Those who can show they have made excellent contributions to their field of study, have held a teaching or research post in that field for at least three years, and have received a job offer from a sponsoring firm are eligible for EB-1B visas. An offer of a tenure-track or equivalent post at a university or another institution of higher learning must be made to a prospective college or university professors and researchers.

The post that the candidate has been offered must also fall under the academic discipline in which they have shown exceptional talent.

Green card for employment-based immigration of Requirements and Materials:

USCIS will demand written justification from you and proof that you have a track record of excellence in academic study and/or research. They also want proof of a job offer from an academic institution that qualifies as well as a letter of recommendation from independent specialists attesting to your accomplishments. 

These papers should demonstrate that the candidate satisfies at least three of the requirements listed below:

  • has won notable accolades or prizes for great performance;
  • is a member of organizations that demand great success from its members;
  • has had articles regarding their work in the academic sector published in scholarly journals authored by others;
  • acted as a judge for others’ work in the same or a related academic discipline, either individually or on a panel;
  • has produced innovative academic or scientific contributions in the relevant subject; and
  • has written academic books or papers in the area.

The candidate must be regarded as a leader in his or her area and be able to demonstrate noteworthy accomplishments that have been acknowledged by authorities in that field.

The applicant for an EB1B visa cannot self-petition for the visa. Instead, the company that made the candidate a permanent offer of employment serves as the petitioner on their behalf.

Validity

The Permanent Residence card itself must be renewed before its 10-year expiration date. The status of a Permanent Resident, however, is indefinite.

In other circumstances, a conditional permanent residence card is issued; in this instance, the card expires after two years and the bearer of an employment based green card must petition USCIS to have the restrictions on their status lifted. Their permanent residence card will thereafter be valid for another ten years.

Family Members

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

EB-1B petitions are handled by USCIS directly. Priority dates apply to I-140 forms. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa — fill out the Book an Appointment form.

Jurisdiction

Intracompany Transferee Executive or Manager Immigrant

EB-1C Visas

Eligibility

This petition for permanent residence status is based on employment. An EB-1C visa is given to those who desire to work in management or executive positions in the United States and have been offered a job at a US business with a qualifying connection to their international employer. This qualifying relationship must exist between the U.S. affiliate, subsidiary, or parent corporation and the overseas place of employment. Additionally, the US corporation must have been operational and conducting business in the US for at least a year.

Requirements and Materials of Green card for employment-based immigration :

The USCIS will demand written documentation and explanations of the type, extent, and activity of the foreign entity and the American entity as well as the link between the two, as well as proof that the proposed position is an executive or management post as defined by the rules. 

These papers ought to contain:

  • supporting documentation explaining the nature, extent, and activities of the foreign entity and the American entity;
  • evidence that the worker held an executive or management role at the foreign company for at least one year during the previous three years; and
  • proof that the promised American job is an executive or managerial one.
  • Managers are responsible for overseeing a function or department, hiring and firing subordinates, and controlling the daily operations of other personnel.

Executives must be able to direct managers, make long-term choices on their own, and establish long-term objectives and policies.

The United States entity must be able to financially support the job, the applicant must be qualified to fulfill the duties of the post offered, and there must be a qualifying commercial relationship between the two organizations.

People can apply for the EB-1C visa from within the country by adjusting their status with USCIS, or from abroad by submitting their application at a consular office overseas.

Validity

The Permanent Residence card itself must be renewed before its 10-year expiration date. The status of a Permanent Resident, however, is indefinite.

In other circumstances, a conditional permanent residence card is issued; in this instance, the card expires after two years and the bearer of a green card must petition USCIS to have the restrictions on their status lifted. Their permanent residence card will thereafter be valid for another ten years.

Family Members

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

EB-1C petitions are handled by USCIS directly. Priority dates apply to I-140 forms. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa  — fill out the Book an Appointment form.

Green card for employment-based immigration Program Electronic Review Management Process

PERM Visa

Eligibility

PERM visas are given to those whose employers have determined that no one in the United States is qualified or available to execute a certain employment role. A genuine employment offer to the foreign worker serves as the foundation for the PERM visa.

The categorization procedure, which identifies the post as one for which no one in the United States is qualified or available, is the first stage in the multi-phase PERM process. Labor certificates from the Department of Labor are unique to the immigrant employee to whom the employment offer must be presented and cannot be transferred.

Requirements and Materials Green card for employment-based immigration :

The USCIS will need proof, in the form of documents and a written explanation, that the employer conducted both internal and public recruitment for the position, that the employer has a federal and state tax identification number, and that the employer has enough money to pay the offered wage. As part of the requirements for approval, 

there must be proof that:
  • Despite extensive job advertising, the company was unable to fill the given position with a competent candidate;
  • The employer advertised for qualified candidates for the post through specialized or professional work platforms; and
  • The company has enough money to pay the minimum salary set by the Department of Labor for employment.
  • Please be aware that each kind of advertising has its own unique rules and deadlines. Additionally, there can be extra marketing criteria if the post is a professional one that necessitates a bachelor’s degree, a higher degree, or the equivalent.
  • To fill the position being offered, the business must make a significant effort to hire from the talent pool in the United States. Any shortcuts might result in an employment audit.

For an alien employee who is outside of the United States or who is already in the country, an employer may submit a PERM visa application.

Validity

The Permanent Residence card itself must be renewed before its 10-year expiration date. The status of a Permanent Resident, however, is indefinite.

In other circumstances, a conditional permanent residence card is issued; in this instance, the card expires after two years and the bearer of a green card must petition USCIS to have the restrictions on their status lifted. Their permanent residence card will thereafter be valid for another ten years.

Family Members

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

Jurisdiction

The Department of Labor initially reviews PERM applications to make sure the applicant is not displacing a qualified American worker. The I-140 is then handled by USCIS after the petition has been approved by the Department of Labor. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa  — fill out the Book an Appointment form.

Immigrant Exceptional Ability

EB-2A/B/C Visas

Eligibility

The EB-2 visa category is only available to those with advanced degrees, who can prove remarkable aptitude in a highly specialized academic field, or who have far-above-average credentials that may be of national importance.

The advanced degree visa, or EB-2A, is available to anyone with at least a bachelor’s degree and five years of relevant experience. 

To prove that both conditions have been satisfied, documentation is required. Evidence ought to contain:

  • documents from the applicant’s employer attesting that they have at least five years of experience in a certain field;
  • evidence that the applicant satisfies the educational criteria, such as documents from the applicant’s academic institution; and
  • Documents proving that the applicant’s education has been reviewed and approved by a recognized school in the United States.

The Remarkable Ability (EB-2B) visa is given to those with exceptional talent in the arts, sciences, or business professions.

This calls for a level of competence that is well above what is often seen in such fields of employment. Included in the documents and materials provided should be:
 
  • evidence of the applicant’s successes in business, the arts, or science.
  • independent verification of the applicant’s outstanding competence from authorities in the area; and
  • that at least three of the following requirements are met by the applicant.
  • official transcript proving the candidate holds a degree, diploma, certificate, or comparable accolade from a school with a focus on the area of remarkable skill;
  • a certification for the profession or employment or a license to perform the profession;
  • letters attesting to giving at least 10 years of experience working in the profession;
  • a wage or other kind of compensation that reflects and is consistent with the applicant’s extraordinary abilities;
  • participation in professional organizations
  • peer recognition for accomplishments and notable contributions to the applicant’s industry or sector from authorities, businesses, or professional associations; and
  • other equivalent proof of eligibility.

The National Interest Waiver (EB-2C) visa is given to those who can prove, by their work and education, that their employment in the United States will significantly benefit the whole country. It will be necessary to present documentation and proof that appointing the applicant would result in advantages that are superior to those offered by at least one American worker.

Validity

The Permanent Residence card itself must be renewed before its 10-year expiration date. The status of a Permanent Resident, however, is indefinite.

In other circumstances, a conditional permanent residence card is issued; in this instance, the card expires after two years and the bearer of a green card must petition USCIS to have the restrictions on their status lifted. Their permanent residence card will thereafter be valid for another ten years.

Family Members

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

Jurisdiction

EB-2 applications are handled by USCIS directly. Priority dates apply to I-140 forms. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa  — fill out the Book an Appointment form.

Immigrant Worker Visas

EB-3A/B/C

Eligibility

Individuals who are skilled workers, professionals, or unskilled employees fall under the EB-3 visa category.

EB-3A Visa and Green card for employment-based immigration :

Those with at least two years of training or non-temporary or seasonal job experience are eligible for the skilled worker’s visa. To prove that the application satisfies these standards, documentation and written justifications will be needed. Documents ought to contain:

  • Evidence from a recognized trainer or academic institution attesting to the applicant’s two years or more of professional work experience or training;
  • an assessment by the Department of Labor to determine that no American employees are available or qualified to do the job that the applicant is applying for.

EB-3B

Individuals with at least a bachelor’s degree from the United States or its equivalent elsewhere are eligible for the Professionals visa. To prove that the application satisfies these standards, documentation and written justifications will be needed. Documents ought to contain:

  • proof that the candidate has, at the very least, a bachelor’s degree or a degree equivalent in a foreign country that is closely connected to the position;
  • certify that the degree is the typical entrance qualification for the profession; and
  • an assessment by the Department of Labor to determine that no American workers are available to perform the job that the applicant is applying for.

EB-3C

People who conduct unskilled labor, which does not need at least two years of training or work experience, are given the Unskilled Workers visa. To prove that the application satisfies these standards, documentation and written justifications will be needed. Documents ought to contain:

  • Proof that the given position does not need temporary or seasonal work experience and only requires less than two years of training.
  • The candidate must possess the necessary paperwork to prove that the necessary education, training, or work experience was obtained.

Validity

The Permanent Residence card itself must be renewed before its 10-year expiration date. The status of a Permanent Resident, however, is indefinite.

In other situations, a conditional permanent residence card is issued; in this instance, the card expires after two years and the bearer of a green card must petition USCIS to have the restrictions on their status lifted. Their permanent residence card will thereafter be valid for another ten years.

Family Members

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

Jurisdiction

EB-3 applications are handled by USCIS directly. Priority dates apply to I-140 forms. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa — fill out the Book an Appointment form.

Immigrant Employment-Based Ministers and Religious Workers

EB-4 Visas

Eligibility

Those who wish to work as full-time paid ministers or in other religious vocations or occupations are eligible for EB-4 visas. Religious occupations call for routine participation in important religious activities. This includes cantors, missionaries, liturgical workers, religious educators, and a host of other professions. Candidates must intend to remain in their profession as a clergyman or religious worker in the United States in full-time paid employment.

A non-profit religious organization, a tax-exempt religious organization, or a non-profit religious organization connected to a U.S. religious denomination may employ qualifying people. Religious denominations are a group that is united by an ecclesiastical governing or administrative body and whose members share a common place of worship, form of worship, or set of beliefs for immigration reasons.

Requirements and/or Materials:

For the non-profit organization, the applicant will work for, as well as the responsibilities and working hours of the promised religious post, 

the USCIS will demand written documentation and an explanation of these elements. Documents ought to contain:
  • Evidence demonstrating the non-profit organization’s character, reach, and activities are required to prove that it meets the criteria for non-profit status.
  • proof that the applicant was associated with the nonprofit organization for at least two years before applying; and
  • evidence that the candidate is qualified for the job.

The applicant must perform a religious vocation for the sponsoring organization, the sponsoring organization’s character, scope, and activity must qualify as a religious organization, and the applicant must have worked in a religious vocation for two years before applying.

Validity

The Permanent Residence card itself must be renewed before its 10-year expiration date. The status of a Permanent Resident, however, is indefinite.

In other circumstances, a conditional permanent residence card is issued; in this instance, the card expires after two years and the bearer of a green card must petition USCIS to have the restrictions on their status lifted. Their permanent residence card will thereafter be valid for another ten years.

Family Members

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

Jurisdiction

EB-4 applications are handled by USCIS directly. Priority dates apply to I-140 forms. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa  — fill out the Book an Appointment form.

Immigrant Investor Program

EB-5 Visas

Eligibility

Under the EB-5 Immigrant Investor Program, business owners, their spouses, and their unmarried children are eligible to apply for permanent residence status provided they make the required investment in a commercial venture in the United States and intend to create or maintain 10 permanent full-time employment for qualifying U.S. employees.

 Investors that invest through USCIS-designated regional centers, which are companies that manage businesses and generate jobs, may also be eligible.

The business firm that receives investment must produce a service or good that helps the American economy and have at least 10 full-time employees who put in at least 35 hours per week. Additionally, the investor needs to have a part in the company’s management or decision-making.

An EB-5 investment must be made in a brand-new business. This implies that the applicant may start a new firm, acquire an existing business created after November 29, 1990, or acquire an existing business founded on or before November 29, 1990, reorganize it, and then establish a new business entity.

Commercial enterprises include sole proprietorships, partnerships, holding companies, joint ventures, corporations, business trusts, and others that engage in for-profit activities for the continued conduct of authorized business.

Newly announced government regulations about the EB-5 program will go into effect on November 21, 2019:

The investment level will rise to $900,000 and $1.8 million respectively in Targeted Employment Areas (high unemployment areas or rural areas).

Targeted Employment Areas will now be calculated differently by the government.

The regulations do not apply to anybody who has already made an investment or submitted an I-526 petition, and they are not retroactive.

Please contact one of our attorneys for additional information regarding the new regulation changes in detail.

Green card for employment-based immigration of Requirements and Materials :

  • To prove that the investor can fulfill the capital investment and job creation requirements, USCIS will seek several papers. The paperwork should contain:
  • evidence the applicant has invested in or is actively considering investing in a new, for-profit business;
  • The money needed is covered by the prior or current investment;
  • a record of the applicant’s involvement in the administration of the business;
  • evidence demonstrating that the new business will produce 10 full-time jobs; and
  • Evidence shows how many current workers there are and that this number will remain stable for two years.

Validity

The Eb-5 Investor’s initial green card is a conditional green card for employment-based immigration, which means it expires after two years and the possessor must petition USCIS to have the requirements lifted. The permanent residency card is valid for ten years after the restrictions have been lifted. The Permanent Residence card itself must be renewed before its 10-year expiration date. The status of a Permanent Resident, however, is indefinite.

Family Members

An authorized I-140 petition’s derivative beneficiaries include spouses and children under the age of 21.

Jurisdiction

EB-5 applications are handled directly by USCIS. Priority dates apply to I-140 forms. After the I-140 petition is approved, the petitioner has the option of changing their status domestically or by undergoing consular procedures abroad.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa — fill out the Book an Appointment form.

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Jurisdiction