EB-1

Extraordinary Ability, Outstanding Researchers/Professors, International Managers/Executive.

Under the various employment based categories but Category based permanent residency is the most difficult to obtain. Initially, the foreign national must determine if he/she is eligible for lawful permanent residency according to the USCIS guidelines.

Procedure:
An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.

EB-1
Priority worker categories:

1. Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics;
2. Foreign nationals who are outstanding professors or researchers; and
3. Foreign nationals who are managers and executives subject to international transfer to the United States.

Extraordinary Ability Aliens-

1. Under this category the alien’s entry into the US must substantially benefit prospectively the US. No labor certification is required for this category. Aliens with extraordinary ability are those whose achievements have been recognized in the field through extensive documetation.
   
   For example, if you receive a major internationally recognized award, such as a Nobel Prize or equivalent to it.
2. The worker may submit "other comparable evidence" if the following criteria do not apply:
3. Documents of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
4. Documentation of the alien’s membership in associations in the field for which classification is sought, which demand outstanding achievement of their members, as judged by recognized international experts in their disciplines or field;
5. Published material about the alien m professional or major trade publications or other major media,
6. Evidence that the alien has Judged the work of others, either individually or on a panel
7. Evidence of the aliens original scientificfic, scholarly, artistic athletic, or business-related contributions of major significance to the field
8. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
9. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
10. Performance of a leading or critical role in distinguished organizations;
11. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; and Evidence of commercial successes in the performing arts.

 

For artists seeking permanent residency under this category, following is a suggested evidence list:

1. Media coverage of the artist's work press releases, advertisement of movie premier, coverage on success of movie highlighting the artists part, newspaper articles, critic’s overview, industry publications etc.
2. Copies of articles written about the individual in trade magazines publications in the movie industry highlighting upcoming films featuring the artist.
3. Any stage work (plays) — playbill or similar publication noting artist’s participation and previous successes in the field.
4. Expert advisory opinions obtained from industry associations.
5. Copies of work — DVD’s, posters advertising movie, etc.
6. Evidence irom producers of work showing box office sales, rating in the industry.
7. Proof of high remuneration for parts in comparison to others in the films.
8. Film industry reviews of work (film release and subsequent feedback from critics and the general public).
9. Any awards received for roles played — copies of certificates or award letters along with documentation to show criteria for award and reputation/significance of awarding body.

 

Outstanding Professors and Researchers-

a) Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field with at least three years’ experience in teaching or research in that academic area, and established record of documented accomplishments.

b) No labor certification is required but a job offer is a requirement. Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

• Receipt of major prizes or awards for outstanding achievement;
• Membership in associations that require their members to demonstrate outstanding achievements;
• Published material in professional publications written by others about the alien's work in the academic field;
• Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
• Original scientific or scholarly research contributions in the field; and
• Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Multinational Manager or Executive-

Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed at least one year (any time) in the preceding three years by the overseas affiliate, parent, subsidiary, or branch of the US employer and seeks to enter the U.S to continue service to that firm or No labor certification but a job offer by the US Company is required in this category. The petitioner must be a U.S. employer.
 

EB-2

Professionals with Advanced Degrees or Persons with Exceptional Ability.

The following persons fall under this category:

1. Foreign nationals of exceptional ability in the sciences, arts, or business;
2. Foreign nationals that are advanced degree professionals; and
3. Qualified alien physicians who will practice medicine in an area of the U.S., which is underserved.

 

EB-2 classification includes:

Aliens who are "members of the professions holding advanced degrees or their equivalent" with at least 5 years of progressive experience in the professions) If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest.

Exceptional Ability Aliens-
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of at least three of the following:

1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services that demonstrates exceptional ability;
5. Membership in professional associations; and
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

EB-3

Bachelor's Degree, Skilled, Unskilled Workers
 

EB-3 Classification is appropriate for:

1. Skilled Workers with at minimum two years of experience (there is no degree requirement); and
2. Unskilled Workers who have less than two years of training or experience.
3. Labor Certification (PERM) Required, except Nurses and Physical Therapists

EB-3 - Requirements

• Professionals must hold a degree that is normally required for the profession.
• Skilled Worker positions are not seasonal or temporary and require a permanent job offer and at least two years of experience or training. The training requirement may be met through relevant post-secondary education.
• Unskilled Worker positions require less than two years of training or experience to perform and carmot be seasonal or temporary. Even if the worker has more than two years of training or experience in the occupation, if the occupation does not require two years of training or experience, the worker is deemed an Unskilled Worker.

 

EB-3 - Application Procedure

In order to obtain permanent residency through the EB-3 classification, the applicant must have a Petitioner/Employer willing to sponsor him or her through Labor Certification must include a certified labor certification and a permanent, full-time job offer.
 

Family of EB-3 Visa Holders-

The spouse of an EB-3 holder may be admitted to the U.S. in E34 (spouse of a Professional or Skilled Worker) or EW4 (spouse of an Other Worker) when the applicant and spouse are applying for Legal Permanent Resident (LPR) status (Green Card status), the spouse is eligible to file for an Employment Authorization Document (EAD). Minor children (under the age of 18) of the EB-3 holder may be admitted as E35 (child of a Professional or Skilled Worker) or EW5 (child of another Worker).
 

PERM

Program Electronic Review Management (PERM). This is the first step for many employment-based green card cases and is required for applicants under category employment-based EB2 and EB3.
 

In order to file the PERM Petition-the following criteria must be met:

• The job opportunity must be for a full time, permanent position.
• A bona fide recruitment must be conducted for the job opening to try and recruit willing and able U.S. workers.
• Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications.
• The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
• To qualify for Category EB2, the requirements must be a minimum of a Master’s degree, or a Bachelor’s degree and five years of post- bachelor’s, progressively responsible experience. In order to qualify for Category EB3, the requirements for the offered job must be a minimum of two years of experience or a Bachelor’s degree.

Job Opportunity
The position must be a permanent offer, which is defined as a position that is not intended to be temporary, or for a definite term. PERM Petitions are geographically specific, so the location of employment must be considered.
 

EB-4 Religious Workers - Eligibility and Filing

1. To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at minimum two years before applying for admission to the United States. Furthermore, you must be entering the United States to work:
   a. You must have been performing the applicable religious work for the past two years.
2. There are definitions that apply specifically to Special Immigrant Religious Worker petitions. Some of the definitions are
3. Bona Fide Nonprofit Religious Organization in the United States means a religious organization exempt from taxation as described in section 501 © (3) of the Internal Revenue Code of 1986, with valid determination letter from the Internal Revenue Service confirming the tax exemption.
4. Bona Fide Organization Affiliated with the Religious Denomination closely associated with, must be exempt from taxation as described in section 501 ©(3) of the Internal Revenue Code of 1986, have a currently valid determination letter from the Internal Revenue Service confirming the tax exemption.
5. Religious Denomination means a religious group or community of believers that is governed or administered under a common type of ecclesiastical government with:
   (a) a recognized common creed or statement of faith shared among the denomination’s members;
   (b) a common form of worship;
   (c) a common formal code of doctrine and discipline;
   (d) common religious service, and ceremonies;
   (e) common established places of religious worship, religious congregations; or
   (f) comparable evidence of a bona fide religious denomination.
6. Denominational Membership means membership during at least the two-year period immediately preceding the filing date of the petition.

Minister means an individual who-

• is fully authorized by a religious denomination, to conduct religious worship and perform other duties
• is not a lay preacher
• performs activities with a rational relationship to the religious calling of the minister;
• works solely as a minister in the United States, which may include administrative duties incidental to the duties of a minister.

 

Religious Occupation:

Means an occupation which meets all of the following requirements:

1. the duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination;
2. the duties must be primarily related to carrying out the religious creed and beliefs of the denomination;
3. the duties does not include positions which are primarily administrative or support such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible; and
4. religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status.

 

Religious Vocation:

means a formal lifetime commitment, to a religious way of life.
 

Religious Worker:

means an individual engaged in and according to the denomination’s standards.
 

Application Procedure: Submit Form I-360 (Petition for American, Widow(er), or Special immigrant):

1. Proof that the religious organization qualifies as a non-profit organization.
2. A letter from an official of the religious organization in the United States
3. There is a sunset date for special immigrant non-minister religious workers.
4. The number of members of the prospective emp1oyer’s organization.
5. Number of aliens holding special immigrant or nonimmigrant religious worker status currently employed or employed within the past five years.
6. Number of Special Immigrant Religious Worker Form I-360 and Non Immigrant Religious Worker Form I-129 petitions submitted by the prospective employer within the past five years.

Initial Evidence Related to Compensation:
The prospective U.S. employer must submit verifiable evidence of how the petitioner intends to compensate the alien.

The evidence may include:
Past evidence of compensation for similar positions; budgets showing monies set aside for salaries, leases, etc.; documentation that food, housing, medical care, or transportation will be provided; or other similar evidence.

The prior religious work need not correspond precisely to that type of work to be performed.
 

Student Visa Overview:

The U.S. provides several nonimmigrant visa categories for persons wishing to study in the United States.
 

B Visa—Visitation for Short Course of Study:

If you want to take a short course of study of less than 18 hours per week, you may be able to do so with a visitor visa (B Visa), which 1S easier to obtain than a student visa. However, if your course of study is more than 18 hours a week, you will need a student visa.
 

F Visa—-Academic Studies:

The F-l Visa is for nonimmigrant wishing to pursue academic studies and/or language training programs and enrolled in a school in the U.S. F-2 Visas are available for family members of F-l Visa holders.
 

M Visa-—Vocational Studies:

The M-l Visa is for non-immigrant wishing to pursue nonacademic or vocational studies. M-2 Visas are for family members of M-1 Visa holders.
 

H-3 Visa—Training and Special Education Exchange

The H-3 Visa is for individuals seeking non-medical education and non- graduate training not available in their country and individuals participating in a special education exchange program. H-4 Visas are available for family members of H-3 Visa holders.
 

J Visa—Exchange Visitor Program

The J-l Visa is for individuals who wish to participate in an Exchange Visitor Program designated by the U.S. Bureau of Education and Cultural Affairs. J-2 Visas are for family members of J-l Visa holders.
 

Apply Early

In most countries, first time student visa applicants are required to appear for an in-person interview. However, each embassy and consulate sets its own interview policies and procedures regarding student visas. Students should consult Embassy web sites or call for specific application instructions.
 

Non-immigrant Visas:

• A-1/A-2 Visa Diplomats and Staff
• Automatic Visa Revalidation
• AB-l/B-2 Visa Visitors and Business
• C/D Visa Airline & Ship Crew
• E- l/E-2/E-3 Visa EB-I Extraordinary Ability & Managers
• EB-2 Advanced Degrees & NIW
• EB-3 Bachelor's Degree & Skilled Workers
• PERM
• EB-4 Religious Workers
• EB-5 Investors
• F-l/F~2 Student Visa
• G-4/G-5 Visa Int'l Organizations v
• H-l/H-2/H-3/H-4
• I Visa Journalists I
• J-1/J-2 Visa
• K-1/K-3 Visa
• L-1/L-2 Visa
• M Visa
• N Visa
• O-1/O-2 Visa
• P-l/P-2/P-3 Visa
• Q Visa
• R Visa Religious
• S/T/U Visa