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Long Beach, CA 90804
(562) 494-1010

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EMPLOYMENT-BASED PERMANENT VISAS

EMPLOYMENT-BASED PREFERENCE CATEGORIES FOR PERMANENT RESIDENCE/IMMIGRANT VISAS 

For workers seeking immigrant visas, we work through the I-140 petition process across the range of employment preference categories. We understand the different types of evidence and documentation which may be required depending upon the particular employment-based category. We facilitate employers and employees in the employment-based immigration categories, including:

EB-1 Extraordinary Ability
 -Intended only for the top foreign nationals in a particular field
-Can have a job offer but not required
-Requirements:
(i)Noncitizen must prove continued work in the particular field
(ii)Major award or prize (Nobel,Pulitzer,etc.);OR
(iii)Documentation must show attainment of 3 of 8 categories of evidence specified in regulation; OR
(iv)Other "comparable evidence" if above does not readily apply
-Must show prospective contribution to the United States
-Employer or the Noncitizen can file I-140 with USCIS 
EB-1 Outstanding Professors and Researchers
 -Outstanding international reputation in an academic field
-3 years of teaching and/or research experience  in the academic field
-For a professor -Tenure (or tenure track) teaching position with an institution of higher education  
-For a Reseacher-"permanent" research position with such an institution or private employer
(i)Private employer must have at least three full-time reseachers and a record of achievement in the noncitizen's field of research
-Employer must file and I-140 with USCIS
-What is a "Permanent" research position
(i)The employer classifies the position as permanent within the organization, meaning position with an indefinite end of duration
EB-1 Multinational Executives and Managers 
-Employer must file I-140 with USCIS
(i)Petitioner must be a U.S. employer
-Qualifying corporate relationship
(i)Parent, affiliate  or subsidary including 50/50 joint venture
(ii)Petitioner must be doing business for at least one year
-Prior Employment Abroad
(i)1 continuous year within 3 years preceding filing of the petition if noncitizen  is employed by qualifying employer outside of the United States
(ii)1 continuous year within 3 years preceding entry as an NIV if noncitizen is in the United States  working for same or qualifying employer
-Qualifying Capacity
(i)Executive or managerial capacity only
(ii)No "specialized knowledge"
-Role must be primarily managerial or executive
(i)Staffing levels
(ii)Percentage of duties that are managerial/executive 
 
EB-2 Advanced Degree Holder 
 -Labor certification is required, unless National Interest Waiver is approved
 
 -Position requires an advanced degree or equivalent
 -Noncitizen possesses advanced post-bachelor's degree or foreign equivalent 
 
 -U.S. or foreign equivalent bachelor's degree plus five years or progressively more responsible  professional experience in the field may be equivalent to a master's degree
  (i)Cannot use combination of experience and education to equal a bachelor's degree. Must possess the      academic degree. 
  (ii)No combination of degree and experience permitted to equal a doctorate degree
  (iii)Degree Equivalency through EDGE-Electronic Database for Global Education
 EB-2 Exceptional Ability 
 -Position requires exceptional ability 
 -Degree of expertise significantly above that ordinarily encountered
 -Labor certification is required unless National Interest Waiver is approved
 -Evidence  must include any three of the following:
  (i)Degree relating to area of exceptional ability 
  (ii)Letter from current or former employer showing at least 10 years of experience
  (iii)License to practice profession 
  (iv)Evidence of earnings commensurate with ability 
  (v)Membership in professional organizations
  (vi)Evidence of recognition for achievements and significant contributions to the field
 
 EB-2 National Interest Waiver
 -Employer or applicant can file I-140 petition
  
-NIW is for EB-2 Advanced Degree Holders and Exceptional Ability only
  
-Immigration of the individual is in the national interest such that it outweighs labor certification protection for U.S. workers
  (i)Work is in field of substantial intrinsic merit (e.g.,AIDS research,national defense)
 (ii)Benefit of individual's work in the field is national in scope
  (iii)National interest would be adversely affected if a labor certification were required
 
EB-3 Third Preference
 -EB-3 bachelor’s level professionals, skilled & unskilled labor
(i)Professional Worker-permanent that requires bachelor degree or foreign equivalent.
(ii)Skilled Worker permanent position requires at least 2 years of  training or experience
(iii)Other worker-permanent position requires less thatn 2 years of experience
-Petition filed by employer
EB-3 Professionals
 -Obtain a credential’s evaluation for all foreign degrees
-Carefully evaluate especially all 3 year degree programs
(i)USCIS will question 3 year programs
-AACRAO-Edge Database is a tool for initially evaluating degree equivalencies heavily relied upon by USCIS
 
EB-3 Skilled Workers 
 -Noncitizens with bachelor's degree through combination of education and experience my qualify as skilled workers
 (i)Does not make a difference in terms of visa number availability 
 (ii)Need to obtain evaluation of equivalence before beginning case
  
-Noncitizens whose bachelor's degree equivalency is based on a combination of education and experience qualify as skilled workers (not EB-3 professionals)
 
EB-4 Special Immigrants
 -Religious Workers
-Certain Panama Canal Company and Canal Zone Government Employees
-International Organization Employee or Family Member
 
EB-4 Religious Workers
-Tax exempt religious denomination or organization 
-Noncitizen must have 2 years of paid experience working in a religious occupation abroad or lawfully in the United States prior to filing a petition
- Must be member of the denomination for two years and during the qualifying work experience
-Full-time job offer (at least 35 hours per week) as a "minister" in a religious vocation or occupation
-Employer must prove ability to pay salary or non-salary compensation
-Noncitizen can't pay own salary but may contribute to the denomination per customary tithing or donations
-USCIS will send investigatior to determine bona fides of the case 

EB-5 Alien Entrepreneurs

-Must invest in a new commercial enterprise (formed, restructured or significantly expanded after after Nov.29,1990) or approved Regional Center

-Investment must be $1 million or $500,000 in targeted employment area

-Investment must create 10 full-time jobs within a two year conditional residency time frame

-Regional Centers apply to USCIS for approval based on proposed promotion of economic growth in geographic region, they are the targeted employment areas.

-Regional Center job creation requirement may be proved indirectly through economic input-output modeling 

-File Form I-526 with USCIS California Service Center to seek conditional resident status 

-File Form I-829 within last 90 days of conditional resident status to remove conditions 

-Investment and 10 jobs must be demonstrated in Form I-829 petition to remove conditions

 

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

The Law Office of Janis Peterson-Lord is located in Long Beach, CA and serves clients in and around Long Beach, Hawaiian Gardens, Artesia, Harbor City, Wilmington, Cerritos, Bellflower, San Pedro, Carson, Paramount, Compton, Norwalk, Woodland Hills, Torrance, Lynwood, Santa Fe Springs, South Gate, Gardena, Bell, Huntington Park, Pico Rivera, Maywood, Los Angeles, Los Angeles County, Orange County.

 

Immigration Lawyer Long Beach

3454 East Anaheim St.
Long Beach, CA 90804
(562) 494-1010