Resident

Employment-Based Immigrant Visa

The Five Employment Based Immigration categories includes different categories from EB-1, EB-2, EB-3, EB-4 and EB-5, depending on the priority of each visa. The priority is determined by the requirements of each visa. For example, an approved EB-1 petition is the fastest way to get a green card among all, however it also requires higher qualifications than EB-2 or EB-3. And EB-2 works faster than EB-3 in general. EB-4 and EB-5 work differently than EB-1/ EB-2/ EB-3 because they are not just based on the qualification, as they are only available to certain types of petitioners.

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Employment First Preference: Priority Workers (EB-1): Priority Workers

EB-1A: Alien of Extraordinary Ability

Eb-1A is a few Immigration Visa that can be self-petitioned without a sponsorship from employer. Because of this great advantage, it is the fastest way to obtain your green card. An Alien of Extraordinary Ability, or EB-1A, classification applies to aliens who can demonstrate that they "have risen to the very top of their field of endeavor." Such candidates may apply for EB1A petition without a labor certification or a job offer (i.e. an employer’s sponsorship). Any alien living in the U.S. or abroad may apply if he/she meets the following requirements:

1. Alien has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim.

2. Alien’s achievements have been recognized in the field through extensive documentation.

To establish that the alien is a top member within his/her respective field, evidence of receipt of an internationally recognized award such as the Nobel Prize or an Academy Award is accepted. However, in the absence of an internationally recognized award, the alien can establish him/herself as an Alien of Extraordinary Ability by providing documentation of any three (3) of the following 10 requirements:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence.

2. Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields.

3. Published material in professional/major trade publications or major media about the alien and relating to the alien's work field.

4. Participation as a judge (individually or as a part of a panel) evaluating the work of others.

5. Original scientific, scholarly, or artistic contributions of major significance.

6. Authorship of scholarly articles in professional journals or other major media.

7. Artistic exhibitions/shows.

8. Leading role within an organization/establishment with a distinguished reputation.

9. High salary/compensation for services in comparison to others.

10. Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures. The alien must also show that his/her admittance into the United States will substantially benefit the United States in the future.

An experienced immigration attorney of our firm will review your resume to see if you may be qualified for EB-1A. We will carefully prepare your petition with all the required materials, to help you obtain your green card with your hard work throughout the years. To obtain green card through EB-1A is not only speedy, but also a lifetime recognition to your exceptional credentials. As a result, we highly recommend the qualified petitioners to apply for EB-1A for their best interests. Our attorney will evaluate your criteria and strategize the best approach to maximize the success of your EB-1A petition.

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EB-1B: Outstanding Researcher or Professor

EB-1B Immigration Visa is for outstanding researcher or professor. To be qualified in this category, the petition must show international recognition as being outstanding in a specific academic area. The foreign national must have at least three years of experience in teaching or research in the academic area. In addition, while no labor certification is required, there must be an offer of ongoing employment from the sponsoring employer. For a college or university teacher or researcher, the job must be for a tenured or tenure-track position. However, EB-1B requires sponsorship from employer. Unlike EB-1A, self-petitioning is not permitted for EB-1B Visa. The employee will be a beneficiary of the petition, and the employer is the petitioner.

On the other hand, EB-1B only requires beneficiary to meet at least two criteria from the list USCIS provided, compared to three criteria for EB-1A Visa. This makes EB-1B easier to get approved than EB-1A.

A foreign national is eligible for classification as an outstanding professor or researcher if he/she satisfies all the following three requirements:

1. Recognition Internationally as outstanding in a specific academic field, and
2. at least three years of teaching or research in the field, and
3. (a) the offer of a tenured or tenure-track teaching position or the offer a comparable research position, OR (b) the offer of a research position having no fixed term and in which the employee will ordinarily have an expectation of permanent employment, OR (c) the offer of a comparable research position with a private employer if the employer has at least three full-time researchers and documented accomplishments in the research field.

To qualify as an outstanding professor or researcher, the petitioner must meet at least two of the following 6 criteria:

1. documentation of the applicant's receipt of major prizes or awards for outstanding achievement in the academic field
2. documentation of the applicant's membership in associations in the academic field, which require outstanding achievements of their members
3. published material, in any language, provided it is translated into English, in professional publications written by others about the alien's work in the academic field--this documentation must include the title, date, and author of the material
4. evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same, or an allied, academic field
5. evidence of the applicant's original scientific or scholarly research contributions to the academic field
6. evidence of the applicant's authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.

"Outstanding" can be established by the following evidence:

1. Peer-reviewed presentations at academic symposia
2. peer-reviewed articles in scholarly journals
3. testimony from other scholars on the applicant's contribution to the field
4. a number of entries in a citation index citing the applicant's work as authoritative
5. Participation by the applicant as a reviewer for a peer-reviewed scholarly journal

EB-1B is a great way for professors and researchers to obtain green cards. An experienced attorney will discuss your criteria and prepare all the supporting materials to prove the "outstanding criteria" for EB-1B Visa.

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EB-1C: Multinational Executives or Managers

EB-1C was created for managers and executives who meet the L-1A non-immigrant standards and are interested in becoming lawful permanent residents. L1-A status is offered to those intercompany executive or managerial transferees that will be coming to the United States only temporarily. L-1A is not required for applying EB-1C, but it usually makes a stronger case if the beneficiary is already on the L-1A Visa. The major advantage of EB-1C Visa is no need to get through the Labor Certification Process, which can take several months to get certified. It usually takes less than one year to obtain a green card through EB-1C.

Contact our law firm to learn about EB-1C.

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Employment Second Preference: Priority Workers (EB-2): Advanced Degree Professionals

EB-2-National Interest Waiver (NIW)

The “National Interest Waiver” (NIW) provision for EB-2 allows an individual to seek a waiver of the otherwise required offer of employment –and thus corresponding labor certification- by establishing that his/her admission to permanent residency would be in the so-called "national interest." As a result, the potential beneficiaries can self-petition for NIW on their own behalf. However, because of the heightened evidentiary standard a petitioner must meet, the NIW requires more than a regular EB-2 petition.

USCIS used to adopt a three-prong test in adjudicating NIW petitions in the past few years. On December 27, 2016, Administrative Appeals Office (AAO), issued the new standard in adjudicating a NIW case through the decision of "Matter of Dhanasar." Under the new AAO decision, a NIW petitioner must demonstrate the eligibility for “national interest waivers,” including:

1. The foreign national’s proposed endeavor have both substantial merit and national importance; and
2. The foreign national is well positioned to advance the proposed endeavor; and
3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Responding to the new tests as of why a foreign national's work is important and what are the practical applications or benefits of that work to the U.S., expert recommendation becomes increasingly important, especially from independent expert in the field. At the same time, the accomplishment or foundation of where the petitioner stands is critical in getting NIW approval, rather than speculative national benefits in the future. It means, USCIS assesses whether the qualification of the petitioner actually closely links to the national interests the petitioner is claiming he/she will contribute in the future. And the waiver of labor certification must be clearly articulated in the way that will "benefit to the U.S." It is not enough to merely to lay out the foreign national's qualifications, but the foreign national must provide documentary evidence explaining how those qualifications warrant a waiver of job offer or labor certification.

NIW, like EB-1A can be self-petitioned, but EB-1A requests higher criteria than NIW. Due to the recent change in NIW, it becomes harder to predict the NIW petition result. As a result, some petitioner apply to NIW and EB-1A at the same time to double the chance. In any petition, your case needs to be carefully reviewed and fully prepared to maximize the success. Our firm is ready to work with you on NIW based on your qualification and experience.

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EB-2 Second Preference Worker Visa

EB2 Visa, the employment-based, second preference immigrant visa category is reserved for members of professions holding advanced degrees or aliens of exceptional ability in the fields of arts, science or business. An advanced degree is defined by the USCIS as a professional or academic degree beyond that of bachelor's, including master's and Ph.D. degrees.

The beneficiary must have an offer of permanent employment from a U.S. sponsoring employer or petitioner and the petitioner should obtain a Foreign Labor Certification, PERM Labor from the U.S. Department of Labor (DOL).

• The offered position must require an advanced degree in the profession for which the beneficiary is qualified, based on his/her academic degree or its equivalent.
• To qualify under exceptional ability, proof that the beneficiary will benefit the national economic, cultural, and educational interests and welfare of the United States has to be submitted.

EB-2 is highly-sought immigration visa for most of international students receiving at least master's degree. To obtain a certified PERM can take several months, it could be potentially longer if it starts with the employer's legal department. Timing planning is critical for beneficiary since H-1B work visa only provides a maximum of 6 years, which allows two attempts for EB-2 Visa applications most of the time.

Liberty Immigration Law Group provides assistance in making a determination on the appropriate category based on the requirements of the position offered, academic background, professional experience, and other factors.

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Employment Third Preference: Priority Workers (EB-3): Skilled Workers, Professionals, Unskilled Workers

EB-3 Third Preference Worker Visa

EB-3 Visa is also highly-sought and available for skilled workers, professionals, and unskilled workers.

You may be eligible for this immigrant visa preference category if you are:

• “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature, or
• “Professionals” are persons whose job requires at least a U.S. bachelor's degree or a foreign equivalent and are a member of the professions, or
• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Third preference petitions must generally be accompanied by an approved, individual Labor Certification (PERM) from the Department of Labor. It also requires a full-time job offer. However, in some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.

Liberty Immigration Law Group provides assistance in making a determination on the appropriate category based on the requirements of the position offered, academic background, professional experience, and other factors.

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Employment Fourth Preference: Priority Workers (EB-4): Certain Special Immigrants

EB-4 Fourth Preference Worker Visa

EB-4 is only available for special immigrant:

The following special immigrants are eligible for the fourth preference visa:

• Religious Workers
• Special Immigrant Juveniles
• Broadcasters
• G-4 International Organization or NATO-6 Employees and Their Family Members
• International Employees of the U.S. Government Abroad
• Armed Forces Members
• Panama Canal Zone Employees
• Certain Physicians
• Afghan and Iraqi Translators
• Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U.S. Operations

For more information about EB-4 Visa, contact our office to see if you are qualified.

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Employment Fifth Preference: Priority Workers (EB-5): Immigrant Investors

EB-5 Investor Visa

EB-5 is available for immigrant investor who is ready to invest in the U.S. Under this program, the foreign national must invest $500,000 or $1 million, depending on where the project is located, in a new commercial enterprise in the U.S.

USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:

• Make the necessary investment in a commercial enterprise in the United States; and
• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:

• Established after Nov. 29, 1990, or
• Established on or before Nov. 29, 1990, that is:

1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or

2. Expanded through the investment so that at least a 40-percent increase in the net worth or number of employees occurs

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

• A sole proprietorship
• Partnership (whether limited or general)
• Holding company
• Joint venture
• Corporation
• Business trust, or
• Other entity, which may be publicly or privately owned.

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Job Creation Requirements means an EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualif​ying​ employees.​

• For a new commercial enterprise ​not located within a regional center​,​ ​the full-time positions ​must be created​ directly by the new commercial enterprise to be counted.​ ​This means that the new commercial enterprise (or its ​wholly owned​ subsidiaries) must itself be the employer of the qualifying employees​.​​
• For a new commercial enterprise located within a regional center, the f​ull-time positions ​can be created​ either directly or indirectly by the new commercial enterprise. ​​

1. Direct jobs are those jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs.

2. Indirect jobs are those jobs held outside of the new commercial enterprise but that are created as a result of the new commercial enterprise.

• In the case of a troubled business, the EB-5 investor may rely on job maintenance. The investor ​must show that the number of existing employees is being​,​ or will be​,​ maintained at no less than the pre-investment level for a period of at least ​2​ ​years.​

Family-Based Immigrant Visa

Immediate relatives: Under the immigration laws, an “immediate relative” is the parent, spouse, or child (unmarried and under the age of 21) of a U.S. citizen. Immediate relatives are at a distinct advantage over others as there is no visa wait list to immigrate. In other words, if the U.S. citizen files a petition for a foreign national parent, spouse or child, the foreign national will be eligible to receive a visa without being subject to a visa backlog (see below – “family preferences”). There are a few caveats, however. First, family immigration requires that the petitioner file an Affidavit of Support to prevent the sponsored family member from needing government assistance and to maintain the family member at a level of living above the poverty level. Second, cases involving marriage to a U.S. citizen are scrutinized for fraud. Only bona fide, good faith marriages will be approved. Third, if the marriage is less than two years old at the time of approval of the visa, the foreign national will be granted two-year conditional residence.

Family preferences: In addition to immediate relatives, the law provides immigrant visas for other family members. But Congress has placed a numerical limitation on visas for these other family members, so they are subject to a visa backlog. Note, the caveats listed above apply to family preferences too. Below are the other family members who can qualify for an immigrant visa and the approximate wait time for a visa. Bear in mind that a foreign national has no right to come to remain in the U.S. during the prolonged wait for a visa.

First preference — Adult, unmarried son or daughter of a U.S. citizen

Second preference (A) — Spouse or child of lawful permanent resident

Second preference (B) — Adult son or daughter (unmarried) of LPR

Third preference — Adult, married son or daughter of U.S. citizen

Fourth preference — Sibling of a U.S. citizen

Other Special Visas

Asylum: Fear of Prosecution in the future

The United States Citizenship and Immigration Services (USCIS) defines a refugee as, “A person outside of his/her country of nationality and not within the United States or at the borders of the U.S., who is unable or unwilling to return to that country due to persecution or ‘a well-founded fear of persecution on account of race, religion, nationality, political affiliation.”

If USCIS granted you asylum status, you are eligible to apply for a green card (permanent residence) 1 year after receiving your grant of asylum. Your spouse and children are also eligible to apply for a green card if they were admitted to the United States as asylees or were included in your grant of asylum.

Whether you should apply for asylum depends on your individual case. You should discuss your situation thoroughly with our attorney to decide if asylum is the best choice for you.

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U Visa: Victims of Crimes in the U.S.

The U nonimmigrant status (also known as the U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse as a result of the crime and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. The purpose of this visa is for humanitarian purpose that an immigrant should not be lived as a victim of a crime. It is possible to obtain green card based on U Visa.

For more information about U Visa, contact our firm to discuss your case.