EMPLOYMENT BASED IMMIGRANTS

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Suitable for:
Foreign nationals who have received national or international acclaim for outstanding achievements in Arts, Sciences, Education, Business or Athletics and their immediate family members.

Highlights:
No job offer, or labor certification is required.
An EB1-petition may be filed simultaneously with another green card application.
The alien must be seeking to enter the United States to continue work in the field, and the entry of such alien must substantially benefit prospectively the United States.

Requirements:
In order to qualify for the EB1, the applicant must have won a Nobel Prize OR show documentation in three of the following areas:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
Published material about the alien in professional or major trade publications;
Evidence that the alien is a judge of the work of others in the field;
Evidence of the alien’s original contributions of major significance to the field;
Authorship of scholarly articles;
Display of the alien’s work at artistic exhibitions or showcases;
Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
Evidence that the alien commands a high salary in relation to others in the field; or
Evidence of commercial success in the performing arts.

Necessary Documents:
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Suitable for:
Outstanding professors and researchers who have at least three years experience in teaching or research in their field and received international recognition for their work and their immediate family members.

Highlights:
The applicant must:
Be internationally recognized as outstanding in a specific academic field;
Have a minimum of three years of experience in teaching and/or research in that field; and
Enter the US in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances.
If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field

Necessary Documents:
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Suitable for:
Foreign nationals with an advanced university degrees (masters degree or higher) and with a job offer from a US company;
Members of the professions includes, but is not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries;
Foreign nationals with exceptional ability in the sciences, business or arts and with a job offer from a US company;
An alien will qualify for registration in this category if he or she is seeking to enter in the United States in his or her field and the entry of such alien will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.

Requirements:
Advanced university degree: Any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions; or
The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master’s degree.
If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree.
EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750.
The applicant must have an employer willing to sponsor him or her through PERM.
The applicant does not have to be employed when labor certification/PERM is filed. A job offer is sufficient.

Process:
The employer begins PERM process;
Upon approval of the labor certification the employer sponsors the employee for a green card; and then
The employee can adjust his or her status to permanent resident.

Necessary Documents:
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Suitable for:
Professional, skilled and other workers who have a job offer from a US company and their immediate family members.

Requirements:
The applicant must have an employer willing to sponsor him or her through labor certification or PERM.
The applicant does not have to be employed when PERM is filed.
Once the labor certification is approved, the employer may sponsor the applicant for permanent residency.

Process:
The employer begins the labor certification or PERM process;
Upon approval by the Department of Labor, the employer sponsors the employee for a green card;
Upon approval of the petition the employee adjusts his or her status to permanent resident

Necessary Documents:
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Suitable for:
Religious workers such as ministers, priests, nuns, rabbis, ordained deacons and monks.
Applicants must be a member of a religious denomination that has a nonprofit religious organization in the United States for at least two years.

Requirements:
Applicants may qualify for permanent residence if they hold the following positions:
As a minister or priest of the religious denomination;
In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a US baccalaureate degree or foreign equivalent is required to do this job); or
In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)

Necessary Documents:
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Suitable for:
> A foreign national who does not have an offer of employment, meets the educational requirements, and meets the three-prong test in Matter of Dhanasar decision:

– The proposed endeavor has substantial merit and national importance
– The applicant is capable of advancing the proposed endeavor
-Substantial benefits for the “national interest” of the United States

The EB2-National Interest Waiver avoids the need for a labor certification from the Department of Labor, also waives off the requirement of an employment offer.

Requirements:
> The EB2-NIW visa is available to foreign nationals who have attained an advanced degree or its foreign equivalent in a professional field.

The advance degree requirement can also be met with a Bachelor degree and at least 5 years of progressive experience in their field. Individuals showing exceptional capabilities in fields such as science, technology, mathematics, engineering, arts, business, etc., also qualify for this visa.

Process:
> The foreign national can file a self-petition with USCIS

Upon approval of the petition, the self-petitioner can file for adjustment of status

Note that if this visa category is available, at the time of the self-petition filing, the foreign national may be able to file for the adjustment of status at the same time.

Necessary Documents:
> Contact us to set up a consultation

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