IMMIGRANT VISAS

Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers.

Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process.

EB-1

EB-1A

Foreign nationals of extraordinary ability who belong to the following professional fields are eligible for EB1A immigrant visas.

Arts, science, education, business, and athletics
Recipients of internationally acclaimed awards like the Nobel Prize, Oscars, and Pulitzer

EB-1B

The eligibility criteria for EB-1B visa is as follows:

You must demonstrate international recognition for your outstanding achievements in a particular academic field
You must have at least 3 years experience in teaching or research in that academic area obtained while in pursuit of an advanced degree.
You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university or other institution of higher education.
You need an employer to sponsor your case.

EB-1C

In order to qualify as a multinational executive or manager

The employee should be coming to work in a managerial or executive capacity for a US employer.
The foreign national must have worked abroad in an executive or managerial ca pacity for the same company or its affiliate or subsidiary for at least one continu ous year within the three years immediately preceding the transfer.
A US employer must sponsor the case.

Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business.

Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker.

EB-2

In order to qualify as a foreign national with exceptional ability

The beneficiary must have an offer of permanent employment from a US sponsoring employer/petitioner or qualify for a national interest waiver (NIW).
The applicant must have an exceptional ability in the field of science, arts, or business. · The worker must be considered significantly more accomplished than the average person in the same profession.
The applicant must have an employer willing to sponsor him/her through labor certification or PERM.
Applicants must also meet health and character requirements.

In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived. At a minimum, to qualify for a National Interest Waiver (NIW) the applicant must hold an advanced degree – (1) an academic or professional U.S. degree above the baccalaureate level, or (2) a foreign degree equivalent that is above the U.S. baccalaureate level.

In the absence of an advanced degree, a U.S. Bachelor’s degree or foreign equivalent plus at least five years of progressive experience in the alien’s profession is considered the equivalent of a U.S. Master’s degree. In the alternative, the applicant may also claim exceptional ability, a degree of expertise significantly above that ordinarily encountered in the alien’s profession.

Skilled Workers and Professionals.

Eligible and certification requirements for each EB3 immigrant visa category are detailed below.

EB-3

Professionals

Business operator, Fashion designer

Must demonstrate that he/she holds a US baccalaureate degree or its foreign equivalent and that a baccalaureate degree is required for the occupation.
Must be performing work for which qualified workers are not available in the US.

EB-3

Skilled Workers

Chef, Mechanics

Must be able to demonstrate at least 2 years of job experience or training.
Must be performing work for which qualified workers are not available in the US.

EB-3

Other Workers

Cook, Food Service, Clerk, Inventory

At the time the petition is filed, must be capable of performing unskilled labor that requires less than 2 years training or experience, is not of a temporary or seasonal nature, and for which qualified workers are not available in the US.

EB-3

Sponsoring Employer

Must be able to show that he/she is able to pay the wage offered by the time of the beneficiary’s visa priority date.
Must provide documents such as an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay the wage.

All three EB3 subcategories require the following certification.

Labor certification.
A permanent, full-time job offer from a US employer

Special Immigrant Visas for Religious Workers

EB-4

The EB4 Green Card, also known as Employment-Based Fourth Preference visa category, is reserved for special immigrants that include the following:

Religious workers

Broadcasters
Iraqi/Afghan translators
Iraqis who have assisted the United States
International organization employees
Physicians
Members of the Armed Forces
Panama Canal Zone employees
Retired NATO-6 employees
Spouses/children of deceased NATO-6 employees

Investor/Employment Creation Visas

EB-5

To qualify and apply for EB5 green card, applicants must meet the following EB5 requirements and eligibility criteria.

Foreign national must invest between USD 500,000 and 1 million in a US business (USD 1 million in a commercial enterprise or minimum USD 500,000 in a TEA). EB5 investors can also invest USD 500,000 in a qualified or approved Regional Center.

The business must employ 10 full-time US workers excluding the investor and his/her immediate family within two years.
The employer must create either direct or indirect jobs to employ 10 workers.
The business in which the individual invests must benefit the US economy.
The workers need not be US citizens, but they must have more than a temporary visa.
The EB5 investor must take an active role in the business, but does not need to control it.

Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals.