An Introduction to Permanent Immigration

The EB-1 classification is open to 3 types of foreign nationals that:

• Possess Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics, or
• Are Outstanding Professors or Researchers, or
• Managers and Executives of multinational business entities who are on international transfer to the U.S.

Persons in this category are allowed to file for permanent residency (green cards) and do not need to file labor certification application. Thus, beneficiaries in this group enjoy the highest priority among all employment-based green cards.

Steps

Individuals with extraordinary ability may self-petition. All other EB-1 petitions should be filed by your employer.

Either you or your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification is not required for EB-1 petitions.

Documents

Aliens with extraordinary ability are defined by USCIS as individuals with “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.” The Nobel Prize or similar awards duly prove this status. However, there are alternative means of proving your extraordinary ability.

You may submit at least three of the following types of evidence:

• Receipt of lesser recognized prizes or awards for excellence.
• Membership in associations in your area which demand outstanding achievement of their members.
• Published material about you in major publications.
• Proof that you have judged others’ works. Proof that you have made original contributions to your field.
• Proof that you have published articles about your field in major publications.
• Proof that your work has been displayed in exhibitions or showcases.
• High status in a distinguished organization.
• Proof that you receive high payments for your work, in relation to your peers.
• Proof of commercial success in the performing arts.

As an outstanding professor or researcher, you should be internationally recognized in your field. You should be coming to the US to accept a tenure track position, and you should have had at least three years experience in your academic field.

Evidence of your status should include at least two of the following:

• Receipt of major prizes or awards for outstanding achievement.
• Membership in associations in your area which demand outstanding achievement of their members.
• Published material about you in major publications.
• Proof that you have judged others’ works.
• Proof that you have made original contributions to your field.
• Proof that you have published articles about your field in major publications.

To be eligible for EB-1 classification as a manager or executive transferred to the US, you must have been employed outside the US as a manager or executive for at least one out of the past three years. The company you work for must have been seeking to enter the US to conduct business during that period of time.

The EB-2 classification is open to 3 types of foreign nationals:

• Exceptional Ability in the Sciences, Arts or Business, or
• Are Advanced Degree Professionals, or
• Are Qualified Alien Physicians who will practice medicine in an area of the U.S. which is underserved.

Steps

Your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification (Form ETA-750) is also required for most EB-2 petitions.

Individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest. To apply for this waiver, you should file-in Form ETA-750B.

Documents

A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the US. Interested candidates must show proof of their education and at least five years work experience.

If you wish to be classified as having exceptional ability in the sciences, arts, or business, you should intend to provide at least three of the following:

• Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
• Letters that prove you have at least ten years of full-time experience in your field.
• A license to practice your profession or certification in your specialty.
• Proof that you have received a worthy salary for your services.
• Membership in professional associations
• Recognition in your field from peers, government officials or organizations.

If you cannot provide documentation of three of these requirements, other documents may suffice.

The National Interest Waiver for Qualified Physicians In Underserved Areas

Under 2 circumstances, a physician applying for EB-2 visa can be exempted from the labor certification process if:

The petitioner (sponsoring employer) request a national interest waiver on behalf of the qualified alien physician, or The alien physician self-petitioning for EB-2 on his own can show his entry into the U.S. is in the national interest.

The EB-3 classification is open to the following:

• Professionals with Bachelor’s degrees who do not qualify for either categories EB-1 and EB-2, or
• Aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, or
• Unskilled workers who can work in fields for which US workers are unavailable.

Steps

Your employer should file-in USCIS Form I-140 Petition for Alien Workers with the USCIS Regional Service Center that has jurisdiction over the location of your employment. EB-3 petitions also require an approved Labor Certification (Form ETA-750) from the Department of Labor.

Documents

• Skilled workers should have at least two years experience, either through hands-on experience or through post-secondary education.
• Professionals should have either a U.S bachelor’s degree or a foreign equivalent degree.
• Labor Certification Process for EB-2 and EB-3

Generally, an employer (petitioner) sponsoring an employee (beneficiary) in either EB-2 or EB-3 must complete an Application for Permanent Employment Certification by filing (Form ETA 9089) for the beneficiary, and file it with the Department of Labor’s Employment and Training Administration. The Department of Labor will either approve or deny the certification request. The labor certification typically involves the employer documenting that its potential employee is not taking a job from a U.S. worker. In certain circumstances, the employer and the potential employee may be able to show that the potential employee’s entry to the U.S. for the job in question is in the national interest. Both the job and labor certification process will then be waived on the basis of national interest. Labor Certification, also known as PERM,  can be time consuming, as various steps, documentation, testing and advertisement of the job are needed. We have worked with thousands of employers on this process.

After an approval for labor certification is granted, an immigrant visa petition, Form I-140 will then be filed with the USCIS by the employer to bring the applicant into the U.S. However, if the applicant is already in the U.S., he or she can apply to adjust to permanent resident by filing Form I-485 along with the I-140 with the appropriate USCIS branch office.

The EB-4 classification includes 2 groups of foreign nationals:

• Religious workers – primarily ministers of religion. Employees and former employees of the U.S. Government abroad who are foreign nationals.

This category must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, concurrently with a host of other forms depending on their needs with the USCIS serving the area where the immigrant will work.

Steps

Your employer should file-in USCIS Form I-360 with the USCIS Regional Service Center that has jurisdiction over the location of your employment.

You should have been working with your religious organization for at least two years. You should be entering the US to work in one of the following capacities:

• As a minister or priest of your religious denomination
• In a professional capacity in a religious vocation or occupation for your religious organization (this requires a bachelor’s degree or its equivalent).
• In a religious vocation or occupation for your religious organization or its nonprofit affiliate.

Documents

Along with submitting Form I-360, you should provide the following documents:

• Proof that your religious organization is a non-profit organization.
• A letter from an official of your religious organization in the US stating that you have been a member of the denomination for at least two years, and that you have at least two years experience in your vocation or occupation.
• The letter should also state certain details about your particular type of vocation/occupation.
• This letter should also state how you will be paid for your work, and that you do not intend to supplement your income with a second job, or depend on charity for support.

Under U.S. immigration law, qualified individuals seeking permanent residence on the basis of their engagement in a new commercial enterprise can do so by applying for investor visas (i.e., EB-5 visas).

Eligibility 

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible application will need to meet the following requirements:

• Establishment of a business.
• Active involvement in the business. Investment of at least $1 million in the business ($500,000 is acceptable in certain designated areas) which can be in cash, equipment, inventory, etc.
• Benefiting U.S. economy.
• Creation of full-time employment for not fewer than 10 U.S. workers

Documents

Qualified EB-5 investors are subject to “conditional” permanent residence for a two-year period. During the two year’s conditional period, the EB-5 investor must continuously meet the legal requirements for EB-5 investors. 90 days before the second anniversary of the EB-5 investor’s admission to the U.S. as a conditional permanent resident, Form I-829 must be filed to remove the condition.