E2 Immigrant Visa

Employment-Based Immigration

Employment-Based Immigration

 

EB1 Immigrant Visa

​One of the best options for employment-based immigration is the EB1 green card. EB1 is granted to individuals who are priority workers, meaning they are given preference in the employment-based immigration category. This is because individuals who qualify under EB-1 must possess extraordinary skills or ability with regards to the individual’s area of employment. There are three categories under which an individual may obtain an EB1:

  1. Extraordinary Ability
  2. Outstanding Professor or Researcher
  3. Multinational Executives and Managers

Obtaining this type of green card does not require a PERM certification, however, it does require extensive documentation. For assistance with the applications, call us today at (713) 909 0752 or email at admin@nslawpllc.com to set up a consultation.

EB-1A Extraordinary Ability

This category applies to persons who have reached the top of their fields in sciences, arts, education, business or athletics. This means that they have received national or international acclaim for their achievements. Documentation to prove achievement in this category include: Evidence of a one-time notable achievement (ex: Nobel prize) or at least three of the requirements below—

  • Receipt of international or national award for excellence in a particular field
  • Membership in associations or organizations requiring outstanding achievement
  • Published materials in a book, journal, or medial reports
  • Original work in a particular field
  • Participation as a judge on a panel evaluating the work of others in a field
  • Display of the individual’s work in exhibition or show cases
  • Evidence the person performed a leading or critical role for organizations wit distinguished reputations
  • Evidence of commercial success in the performing arts
  • Evidence the person will continue working the US in the same field

Outstanding Professor or Researcher  

This category refers to professors or researchers with a minimum of three years of experience teaching or conducting research in the academic area and are internationally recognized for their achievements. They might be employed (a) on tenure or tenure-tracked (b) in a comparable research position at a university or institution of higher education or (c) in a comparable research position for a private employer.

The term “outstanding” means that the person reached the very top of their academic field and has received notable national or international acclaim for their work. While the employer does not need a PERM certification, this category requires extensive documentation to show the individual meets the necessary criteria.

Multinational Executives and Managers  

This category allows executives and managers of multinational companies to immigrant to the US if the company has been doing business in the US for at least one year. The company must have a branch, affiliate, or subsidiary in the US and the individual must be employed in a managerial position for at least one year prior to immigrating to the US. The sponsor for the application will be the US-based parent, subsidiary, branch or affiliate company. Like the other two categories, submission of the correct type of documentation will be necessary.

Benefits of Employment-Based Immigration Under EB-1 

One of the primary benefits of the EB-1 category is unlike EB-2 or EB-3, it does not require a timely and expensive PERM Labor Certification Process. This is a huge advantage for those looking to come to the United States on employment-based immigration. In addition, the individual under an Extraordinary Ability category does not need a job offer in order to apply for this green card, the individual may self-petition.

EB2 Second Preference Visa

EB2 Advanced Degree or Extraordinary Ability

The EB2 is a second preference classification. This visa requires both a job offer and the employer to sponsor the employee. EB2 additionally requires the employer to have a labor certification approved by the Department of Labor. There are two groups in this category:

  • Advanced Degree: the professional either holds an advanced degree or at least five years of experience in the profession
  • Exceptional Ability: the professional has exceptional abilities in the arts, sciences, or business. Exceptional means above ordinary expertise.

Those applying for employment-based immigration under the EB2 Immigrant Visa must possess at least three of the criteria below:

  • Membership in a professional, recognized association
  • Recognition of achievement and significant contributions in industry/field by peers, government entities, professional or business organizations
  • License or certification to practice in your profession
  • Evidence of compensation for services that demonstrate exceptional ability
  • Letters showing a minimum of 10 years of experience in your occupation
  • Official academic records relating to your area of exceptional ability

Employment-Based Immigration: the National Interest Waiver

The labor certification and job offer requirement can be waived if the individual’s work is in the national interest. A person applying under the National Interest Waiver may do so on their own behalf. National Interest Waiver Criteria requires the following three items:

  • The work has substantial merit and national importance
  • The Professional is in a position to advance the endeavor
  • It is in the benefit of the US to waive the job offer and labor certification requirements.

he family members such as spouses and adult children under the age of 21 may accompany the EB2 worker. In order to start the application process, the employer must file a Form I-140 petition on behalf of the employee. For assistance with the applications, call us today at (713) 909 0752 or email at admin@nslawpllc.com  to set up a consultation.

EB3 Third Preference Visa

EB3 Immigrant Visa 

The EB3 visa is a third preference employment visa. This visa requires the employer to have a labor certification from the Department of Labor. There are generally three categories of individuals in this group:

  • Skilled Workers : those requiring at least two years of job experience, training, education that meet the job requirements on the labor certification. Post-secondary education can substitute for training.
  • Professionals: those possessing a US Bachelor’s degree or its equivalent. This category is reserved specifically for jobs that require a degree for the occupation. Training for professionals may not be substituted for a degree.
  • Unskilled workers : those requiring less than two years of training or education and are not seasonal in nature.

In order to immigrate to the United States with this visa, the employer must file a Form I-140 petition and demonstrate the ability to pay the offered wage as of the applicable priority date. Family members such as spouses and unmarried children under 21 years of age may accompany EB3 workers.

For assistance with the applications, call us today at (713) 909 0752, schedule a consultation at  Calendly – nsimmigrationlawfirm or email at admin@nslawpllc.com  to set up a consultation.

 

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