U.S. Immigration
Practice Areas
U.S. Immigration
PERM Labor Certification
Given away by its name, a permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. The labor certification process is always to be done by the employer, not the alien beneficiary. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The Department of Labor (DOL) must certify to the USCIS that […]
Extraordinary Ability (EB-1A)
Alien of Extraordinary Ability If you have an extraordinary ability, you will be eligible for a visa that’s extremely fitting for you: Extraordinary Ability Visa (EB-1A). This is an employment-based, first-preference visa. It has been created to apply to immigrants who can prove that they have much to offer in their field of expertise and that they “have risen to the very top of their field of endeavor”. Candidates who are without a labor certification or a job offer are eligible to apply and receive a EB-1A petition. Any immigrants living in the U.S. or abroad may apply […]
Professors & Researchers (EB-1B)
An immigrant who is considered an “outstanding researcher or professor” may qualify for a EB-1B visa. The immigrant must be internationally acclaimed in his/her scientific or scholarly field of work. Unlike EB-1A Visas, EB-1B immigrant visas must be employer-sponsored meaning that the professor or researcher must have sponsorship from his/her employer throughout the petitioning process in order to receive a EB-1B Visa. Through the petition process, the employer becomes the petitioner, and the immigrant receiving the EB-1B Visa is the beneficiary. You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at […]
Multinational Managers and Executives (EB-1C)
To be qualified for a multinational executive or manager under a EB-1C Visa, you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation. It is also required that you are seeking to enter the United States with the desire and commitment to service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. The EB 1-C Visa offers many advantages compared […]
National Interest Waiver
The “national interest waiver” (NIW) is an achievement-based opportunity for a green card. In order to qualify for a national interest waiver, you’ll need to file an employment-based immigration petition and have a permanent job offer along with labor certification. In some cases, an applicant can still apply for NIW immigration petition without a labor certification or a job offer for the sake of the “national interest of the United States”. To be eligible for a NIW, the person filing the waiver must have a higher degree than a bachelor’s degree or a degree of expertise in sciences, arts, […]
Schedule A
U.S. Department of Labor (DOL) has a designated pre-certified list that states workers in certain occupations will not be negatively harming the U.S. workers. This pre-certification is called Schedule A. Schedule A contains two groups. One group conveniently called Group I, includes physical therapists as well as professional nurses. Group II, which is less commonly used, includes immigrants who have exceptional talents in the arts or in science. It also includes college professors. To qualify, the foreign-born nurse has to possess a diploma in nursing and has a permanent nursing license from their home country. Nurses from foreign countries have […]
I-360, Special Religious Worker
Those who are planning to move to the United States to work full-time in a religious vocation or occupation may qualify for a I-360 visa. This is set aside for immigrants, ministers, and non-ministers alike. The Special Religious Worker visa is included as part of the several employment-based EB-4 visas that are available. To qualify as a special religious worker, the foreign national must: have had at least 2 years’ commitment to a religious denomination that is considered a non-profit religious organization by the United States preceding the filing of the petition and have the intent to work full time […]
Adjustment of Status
Adjustment of Status allows specific foreign immigrants to be able to apply for immigrant status after having entered the United States previously. It is important to follow correct procedures in order to achieve this status. The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. In order to apply for permanent residency, […]
Consular Processing
The pathway where a beneficiary of an immigration petition receives the ability to apply for an immigrant visa at a U.S. consulate abroad. This is to aid the process for those who are seeking entrance to the United States and require a green card to secure their ability to stay with their benefactor. Whether one needs to visit a consulate abroad due to convenience or due to being abroad. Through consular processing, you will have the ability to apply for different types of visas from family-based visas to employment-based green cards. In order to start the consular processing, you will […]
Immigrant Investors EB-5
The Immigration Act of 1990 (“IMMACT 90”) created the Immigrant Investor Program as the fifth preference category for employment-based immigration, also known as EB-5. This was the first time a category was designed to facilitate the admission of immigrant investors as lawful permanent residents and to this day, it is the only such visa to do so. This EB-5 Immigrant Investor Program is available to any immigrants who have either previously invested or currently investing at least $1 million in a start-up enterprise that has at least 10 full-time employees hired from the U.S. However, Individuals who have been involved in […]