Areas of Practice

Employment Based Immigrant Petition


EB-1A (Persons of Extraordinary Ability)

Aliens of extraordinary ability are defined as those who have extraordinary ability in 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. A one-time achievement, such as a major, internationally recognized award like the Nobel or a comparable award would qualify the alien under this category. Alternatively, the alien can show that he or she meets at least three of the following evidential criteria:

  1. Documentation of the alien's receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;
  2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  3. Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
  4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
  5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
  6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
  8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

In addition, evidence that the alien will continue to work in the U.S. in his/her area of expertise needs to be provided. Such evidence can include letters from prospective employers, evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue his or her work in the U.S.

Benefits of EB-1A
• No employer’s sponsorship required;
• No job offer needed;
• Immigrant visas are mostly available.

If you are not sure whether you have a good chance of EB-1A approval, please send your resume or curriculum vitae to YZ Law Group info@yzlawgroup.com for a free evaluation.

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EB-1B (Outstanding Professors and Researchers)

An alien qualifies for EB-1B if he or she is a professor or researcher who is recognized internationally as outstanding in a specific academic area.

EB-1B requirements:

• International recognition as being outstanding in a specific academic field;
• At least three years of relevant research or teaching experience; and
• A job offer for a permanent research position or a tenured or tenure-track teaching position

  1. International recognition as being outstanding in a specific academic field;

    To prove international recognition, an alien needs to show that he or she meets at least two of the following evidentiary criteria:

    a. Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;
    b. Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;
    c. Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;
    d. 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;
    e. Evidence of the alien's original scientific or scholarly research contributions to the academic field; or
    f. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

  2. Three years of relevant research or teaching experience

    Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.

  3. A job offer for a permanent research position or a tenured or tenure-track teaching position

    Universities or institutions of higher education and private companies can sponsor EB-1B petition. If the petitioner is a private company, it needs to show that it employs at least three employees in full-time research positions and has documented accomplishments in its field.

    Permanent job offer is defined as either tenured, tenure-track, or for an indefinite or unlimited duration, in which the employee will ordinarily have an expectation of continued employment unless there is good cause of termination.

If you are not sure whether you have a good chance of EB-1B approval, please send your resume or curriculum vitae to YZ Law Group info@yzlawgroup.com for a free evaluation.

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EB-1C

Multinational companies conducting business in the US. and abroad may sponsor certain employees for permanent resident status as multinational managers or executives (EB-1C).

Requirements of EB-1C:

  1. The qualified alien must be employed by the company (or its affiliate, parent or subsidiary) in a managerial or executive capacity outside the U.S. for at least one year out of the three years immediately preceding the transfer, or in the case of the alien already in the U.S., one year of the three years immediately preceding entrance into the U.S.
  2. The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
  3. The company must have been in existence in the United States for at least one year.

Executive Capacity is defined as:

• Directing the management of the organization or a major component or function of the organization;
• Establishing goals and policies of the organization, component, or function;
• Exercising wide latitude in discretionary decision-making; and
• Receiving only general supervision from higher level executives, board of directors, or stockholders of the organization.

Managerial Capacity is defined as:

• Managing the organization, or a department, subdivision, function, or component of the organization;
• Supervising and controlling the work of other supervisory, professional, or managerial employees, or managing an essential function within the organization, or a department or subdivision of the organization;
• If another employee or other employees are directly supervised, the manager has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, function at a senior level respect to the function managed; and
• Exercising discretion over day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in the managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professionals.

For a free EB-1C evaluation, please email YZ Law Group info@yzlawgroup.com

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EB-2 NIW (EB-2 National Interest Waiver)

The National Interest Waiver (NIW) is a waiver of the job offer requirement for individuals who wish to immigrate to the U.S. in the second preference category, who are members of the professions holding advanced degrees or individuals of exceptional ability in the arts, sciences, or business. An “advanced degree” means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. “Exceptional ability” means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

To qualify for NIW, the alien needs to show:

  1. he/she seeks employment in an area of substantial intrinsic merit,
  2. that the benefit from his or her proposed activity will be national in scope, and
  3. that the national interest would be adversely affected if labor certification were required for the alien, i.e. it must be shown that the alien would serve the national interest to a substantially greater degree than an available U.S. worker having the same minimal qualifications, and that the alien has a record of achievements with some degree of influence on the field as a whole.

If you are not sure whether you have a good chance of NIW approval, please send your resume or curriculum vitae to FYZ Law Group info@fyzlaw.com  for a free evaluation.

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EB-2 and EB-3 PERM

PERM stands for Program Electronic Review Management. It was published on December 27, 2004 by the U.S. Department of Labor (DOL) to streamline the labor certification application. The new procedure took effect on March 28, 2005.

In most instances, a foreign national seeking to obtain U.S. permanent residence through employment in the second and third preference must be the beneficiary of an approved application for alien employment certification. This application requires the prospective employer to test the labor market by conducting a pattern of recruitment to determine whether there are any qualified and available U.S. workers who are able and available to accept the offered position at the prevailing wage for the geographic area.

Requirements:

• The employer must hire the foreign worker as a full-time employee;
• There must be a bona fide job opening available to U.S. workers;
• Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
• The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

PERM Labor Certification is an extremely complicated procedure. We recommend that you consult with us for evaluation. Contact us at info@yzlawgroup.com

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EB-5 Investment Green card

The Immigration Act of 1990 created the Immigration Investor Program (or EB-5) as the fifth of five preference categories for employment-based immigration applications. This was the first time a category specifically facilitated the admission of investors as lawful permanent residents. EB-5 is available to those individuals who have invested, or are in the process of investing, at least $1 million in a new commercial enterprise employing at least 10 full-time U.S. workers. The purpose of EB-5 is to stimulate job-creating investment by offering to investor immigrants the benefits of permanent residence in the United States.

The minimum investment is reduced to $500,000 in cases of investment in “targeted employment areas,” – rural areas and/or areas with high unemployment.

EB-5 offers an ideal immigration solution for those who have the financial resources. It does not require an employment offer from a U.S. employer as other EB categories do, nor does it require a labor certificate. Investors participating in a “Regional Center Program” do not even need to be involved in the daily operation of their business. Most importantly, because the annual quota consistently exceeds the number of applicants, those who qualify for EB-5 status are virtually assured of a visa.

EB-5 Procedure:

  1. File I-526 Petition

    Investors should file Petition Form I-526, “Immigrant Petition by Alien Entrepreneur,” accompanied by supporting documentation. The required documentation must show that the immigrant investor has invested, or is investing, the required lawfully-gained capital in a company within the U.S., and that the investor will create full-time jobs for at least 10 U.S. workers.

  2. File Adjustment of Status Appliation or pursue Consular Visa Processing

    Upon approval of the petition, the investor and his/her immediate family (spouse & unmarried children under 21 years of age) may apply for an immigrant visa at a U.S. consulate or apply for Adjustment of Status if the investor is already in the U.S. The initial resident status of the investor is “conditional” for two years. Conditional permanent resident status confers the same rights as that of permanent resident status.

  3. Removal of the Condition in 2 Years

    Within 90 days of the 2-year conditional permanent residence’s expiry date, the investor must file a petition to request removal of the condition on permanent residence by filing Form I-829, “Petition by Entrepreneur to Remove the Conditions.” Failure to file an I-829 Form will result in automatic termination of the conditional resident status and the initiation of removal proceedings

EB-5 is an extremely complicated procedure. We recommend that you consult with us for evaluation. Contact us at info@yzlawgroup.com

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