Employment Based Green Cards

Immigrant with Extraordinary Ability
EB-1A Visa

Eligibility

EB-1A visas are granted to individuals who can demonstrate that they possess extraordinary ability in the sciences, arts, education, business, or athletics through sustained national and international acclaim. Individuals granted this visa, must also be coming to the United States in order to continue working in the field in which they already have sustained national and international acclaim. However, individuals are not required to have a specific job offer at the time of application.

Requirements

USCIS will require substantial documentation demonstrating that the individual has received significant recognition from experts in the field. USCIS will ask for evidence that the applicant is in the top 1% of the given field and has made significant original contributions in that field. An applicant must provide substantial evidence that they meet at least three of the following criteria:

  • Has received nationally and/or internationally recognized prizes or awards for excellence;
  • Is a member of associations in the field which demand outstanding achievement of their members;
  • There has been published material about the applicant in professional or major trade publications or other major media outlets;
  • The applicant has been asked to judge the work of others, either individually or on a panel;
  • The applicant has provided highly significant and original contributions to the given field;
  • Has authored scholarly articles in professional or major trade publications or other major media outlets;
  • The applicant’s work has been displayed at artistic exhibitions or showcases;
  • The applicant has performed a leading or critical role in distinguished organizations;
  • The applicant receives a high salary or other significantly high remuneration in relation to others in the field; and
  • Commercial successes in the performing arts.

Please note that petitions for an EB-1A visa can be made by a third-party petitioner within the United States or as a self-petition, meaning that the foreign national him/herself is the petitioner and is responsible for providing proof and documentation of their own extraordinary ability.
An applicant for an EB-1A visa must prove that he or she has risen to the very top of his or her field, and has significant national and international recognition and acclaim.

Validity

The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

EB-1A’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Outstanding Professors and Researcher Immigrant
EB-1B Visa

Eligibility

EB-1B visas are granted to individuals who can demonstrate that they possess outstanding achievements in an academic field, have worked for at least 3 years in a teaching or research position in that academic area, and have been offered employment from a sponsoring employer. For potential college or university teachers and researchers, an offer of a tenure track or comparable position at a university or another institution of higher learning must be provided.

The position that the applicant has been offered must also be within the field of academic study, for which the individual has been recognized to possess extraordinary ability.

Requirements and/or Materials:

USCIS will require documentation and written explanation that you have a record of high achievement in an academic area of education and/or research. They also require evidence of an endorsement from third-party experts attesting to your achievements, as well as a job offer from a qualifying academic institution. These documents should provide evidence that the applicant meets at least three of the following criteria:

  • Has received major prizes or awards for outstanding achievement;
  • Is a member of associations that require their members to demonstrate outstanding achievement;
  • Has had published material in professional publications written by others about his or her work in the academic field;
  • Has participated either on a panel or individually as a judge of the work of others in the same or allied academic field;
  • Has made original scientific or scholarly research contributions in the given field; and
  • Has authored scholarly books or articles in the field.

The applicant must be considered an authority in his or her given field and must be able to present significant achievements as recognized by experts in that field.

For EB-1B visas the applicant cannot self-petition to obtain the visa. Rather, the employer who has provided the permanent offer of employment acts as the petitioner on behalf of the applicant.

Validity

The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

EB-1B’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Intracompany Transferee Executive or Manager Immigrant
EB-1C Visas

Eligibility

This is an employment-based petition for permanent resident status. EB-1C visas are granted to individuals who want to work in the United States in an executive or managerial capacity and have been offered a position at a United States company that possesses a qualifying relationship with the applicant’s foreign employer. The U.S. affiliate, subsidiary, or parent company of the foreign place of employment must posses this qualifying relationship. Furthermore, the United States entity must have already existed and conducted business within the United States for at least one year.

Requirements and/or Materials:

The USCIS will require documentation and written explanations of the nature, scope, and activity of both the foreign entity and the United States entity, of the relationship between the two entities, and that the position offered qualifies as either executive or managerial under the regulations. These documents should include:

  • Evidence outlining the nature, scope and activity of the foreign entity and the United States entity;
  • Evidence that the employee worked for at least one year in the past three years at the foreign entity in an executive or managerial position; and
  • Evidence that the United States position offered is indeed executive or managerial.
    • Managers must manage a function or department, have the ability to supervise, hire, and fire subordinates, and manage the daily activities of other employees
    • Executives must be able to make far reaching decisions without supervision, be able to direct managers, and be able to set long term goals and policies

The qualifying business relationship between the two entities must exist, the applicant must be qualified to perform the position offered, and that the United States entity must be able to financially support the position.

Individuals can apply for the EB-1C visa from within the United States through an adjustment of status with USCIS or from outside the United States through consular processing at a consular office abroad.

Validity

The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

EB-1C’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Immigrant Employment-Based Program Electronic Review Management Process
PERM Visa

Eligibility

PERM visas are granted to individuals whose employers have classified a particular job position as one for which no one in the United States is qualified or available to perform. The PERM visa is based on a bona fide job offer to the alien employee.

PERM is a multi-step process that starts with the classification process, which classifies the position as one that no one in the United States is qualified or available. Labor certifications from the Department of Labor are specific to the alien that he job offer must been extended to, and cannot be transferred from one alien employee to another.

Requirements and/or Materials:

The USCIS will require documentation and a written explanation that demonstrate the employer recruited candidates for the position both internally and publicly, has a federal and state tax identification number, and has sufficient funds to pay the wage offered. Requirements for approval include evidence demonstrating:

  • The employer advertised widely for the position but was unable to find someone qualified or available to perform the offered position;
  • The employer sought professional workers for the position, having advertised in professional or specialized work platforms; and
  • The employer has sufficient funds to pay the minimum required wage for the position under Department of Labor specifications.

Please note that each method of advertisement has its own specific regulations and time restraints. Furthermore, if the position is a professional position, meaning that it requires a bachelor’s degree, higher degree, or the equivalent, there may be additional advertisement requirements.

The employer must take great effort to hire from within the United States talent pool to fill the position offered. Any shortcuts may lead to an audit of the employer.

An employer can apply for a PERM visa for an alien employee that is either already inside the United States or an alien employee that is outside the United States.

Validity

The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

PERM applications are first processed by the Department of Labor to ensure that the applicant is not taking a job from a qualified American candidate. Once the Department of Labor approves the petition, the I-140 is then processed by USCIS. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Immigrant Exceptional Ability
EB-2A/B/C Visas

Eligibility

The EB-2 visa category is limited to individuals who have advanced degrees, demonstrate exceptional ability in a highly specialized academic field, or have skills, education or experience that is far above ordinary and can be of national interest.

EB-2A: is the Advanced Degree visa, granted to individuals who have advanced degrees with at least a bachelor’s degree and five years of experience in a specialty. Documentation is necessary to demonstrate both requirements are met. Evidence should include:

  • Documents from the applicant’s employer demonstrating the applicant has worked for at least five years in a specialty;
  • Documents from the applicant’s academic institution demonstrating the applicant meets the educational requirements; and
  • Documents that establish an accredited institution in the United States has evaluated and validated the applicant’s education.

EB-2B: is the Exceptional Ability visa, granted to individuals who have exceptional ability in the arts, sciences, or business fields. This requires a degree of expertise significantly above what is ordinarily encountered in such areas of work. Documents and materials supplied should include:

  • Evidence of the applicant’s achievements in a science, an art, or business;
  • Independent confirmation from experts in the field affirming the applicant’s exceptional ability; and
  • That the applicant meets and/or can provide at least three of the following:
    1. Official academic record demonstrating the applicant has a degree, diploma, certificate or similar award from an educational institution related to the given area of exceptional ability;
    2. A license to practice the given profession or certification for the profession/occupation;
    3. Letters documenting at least 10 years of full-time experience in the given occupation;
    4. Evidence of a salary or remuneration for services that demonstrate and are commensurate to the applicant’s exceptional ability;
    5. Membership in professional associations;
    6. Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations; and
    7. Other comparable evidence of eligibility.

EB-2C: is the National Interest Waiver visa, which is granted to individuals who can demonstrate, based on their job and education, that their employment in the United States will greatly benefit the nation as a whole. Documentation and evidence will need to be provided that demonstrates the applicant’s employment will provide benefits greater than those that at least one United States worker can provide.

Validity

The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

EB-2’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Immigrant Worker
EB-3A/B/C Visas

Eligibility

The EB-3 visa category is for individuals who are skilled workers, professionals, or unskilled workers

EB-3A
The Skilled Workers visa is granted to individuals who have at least 2 years of training or work experience that is not temporary or seasonal. Documentation and written explanations will be required to demonstrate the applicant meets these requirements. Documents should include:

  • Evidence that the applicant has had at least 2 years of job experience or training in skilled work with documentation from an established trainer or academic institution; and
  • A review by the Department of Labor to establish that no United States workers are available or qualify to do the work intended for the applicant.

EB-3B
The Professionals visa is granted to individuals who have at least a United States Bachelor’s degree or a foreign equivalent. Documentation and written explanations will be required to demonstrate the applicant meets these requirements. Documents should include:

  • Evidence that the applicant has, at a minimum, a Bachelor’s Degree or a foreign equivalent directly related to the employment;
  • Establish that the degree is the normal requirement for entry into the occupation; and
  • A review by the Department of Labor to establish that no United States workers are available to do the work intended for the applicant.

EB-3C
The Unskilled Workers visa is granted to individuals who perform unskilled labor, which does not require at least 2 years of training or work experience to perform. Documentation and written explanations will be required to demonstrate the applicant meets these requirements. Documents should include:

  • Evidence that the employment offered requires less than two years of training or experience that is not temporary or seasonal.

The applicant must have proper documents to demonstrate that the required education, training or employment time was completed.

Validity

The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

EB-3’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Immigrant Employment-Based Ministers and Religious Workers
EB-4 Visas

Eligibility

EB-4 visas are for individuals who are to be employed as a minister or in another religious vocations or occupations in a full time compensated position. Religious occupations are those that require habitual work in activities of religious significance. This includes but is not limited to religious instructors, missionaries, liturgical workers, missionaries, cantors, and many more. Applicants must be coming to the United States with the intent to continue to work in their vocation as a minister or religious worker in a full-time compensated position.

Qualifying individuals may be employed by a non-profit religious organization, a tax-exempt religious organization, or a non-profit religious organization that is affiliated with a religious denomination in the United States. For immigration purposes, religious denominations are a group bound by an ecclesiastical governing or administrative body and the members have an agreed upon place of worship, method of worship, and/or set of beliefs.

Requirements and/or Materials:

The USCIS will require documentation and written explanation of the purpose, nature, scope, and activity of the non-profit organization the applicant will work for, as well as the duties and schedule of the religious position offered. Documents should include:

  • Evidence of the nature, scope and activity of the non-profit organization and must establish that it qualifies as a non-profit organization
  • Evidence that the applicant has been affiliated with the non-profit organization for at least two years immediately before filing the submission; and
  • Evidence the applicant is qualified for the position.

The nature, scope, and activity of the sponsoring organization must qualify as a religious organization, the applicant must perform a religious vocation for that organization, and the applicant must have worked in a religious vocation for two years immediately before filing the submission.

Validity

The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

EB-4’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Immigrant Investor Program
EB-5 Visas

Eligibility

The EB-5 Immigrant Investor program allows entrepreneurs, their spouses, and their unmarried children to apply for permanent resident status if they make the necessary investment in a commercial enterprise in United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. Investors may also be eligible by investing through USCIS designated regional centers, which are organizations that run business that create jobs.

The commercial enterprise invested in must employ at least ten full-time workers, working at least 35 hours per week, produce a service or product, and benefit the U.S. economy. The investor must also be actively involved in the company in some type of management or policy-making role.

EB-5 investors must invest in a new commercial enterprise. This means the applicant can create a new business, buy an enterprise established after Nov. 29, 1990, or buy an enterprise established on or before Nov. 29, 1990 and restructure the business so that a new business entity emerges.

Commercial enterprises are those that conduct for-profit activity for the ongoing conduct of lawful business including sole proprietorship, partnership, holding company, joint venture, corporation, business trust, and more.

On November 21, 2019 newly published government rules about the EB-5 program will take effect:

The investment amount will increase to $900,000 in Targeted Employment Areas (areas with high unemployment or rural areas) and to $1.8 million in other areas.

The government will also change how Targeted Employment Areas are calculated.

The rules are not retroactive and do not apply to those who have already invested and filed an I-526 petition.

For more detailed information about the new rule changes please speak to one of our attorneys.

Requirements and/or Materials:

USCIS will require numerous documents to show that the investor can meet both the job creation and Capital investment Requirements. The documents should include:

  • Evidence that the applicant has invested in or is actively in the process of investing in a “for profit” new commercial enterprise;
  • The previous or active investment meets the required amount of capital;
  • Evidence the applicant will be engaged in the management of the commercial enterprise;
  • Evidence documenting 10 full-time positions will be created in the new commercial enterprise; and
  • Evidence documenting the number of existing employees and proof the number will be maintained for two years.
Validity

The initial green card granted to the Eb-5 Investor is a conditional green card, meaning it expires after two years and the green card holder must apply to have the conditions removed by USCIS. Once the conditions have been removed, the permanent resident card is valid for 10 years. The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

Family Members

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction

EB-5’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

CONTACT

Tel: 646.820.0662
Fax: 888.820.3250
Email: info@atashlaw.com

Location

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New York NY 10019

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