Although there are many paths to becoming a permanent resident in the United States, the two most common are family ties to a United States citizen and employment in the United States. Therefore, it is not surprising that U.S immigration laws and regulations governing these areas are constantly changing. Our firm has stayed abreast of these complex and changing immigration laws
The various ways that a foreign national can obtain permanent resident status (“Green card”) in the United States through employment
A. First preference category – EB-1: Priority workers
This category includes foreign nationals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers.
1. Extraordinary ability foreign nationals
Persons with extraordinary abilities in the sciences, arts, education, business, or athletics with sustained national and international acclaim and whose achievements in their fields of endeavor have been recognized and documented. They must also show that they are coming to work in their area of expertise and that entry and work will substantially benefit the United States prospectively. No employment or employer is needed for this petition.
What is required to prove eligibility?
To prove eligibility for this visa, a foreign national must show:
That they have received a major, internationally recognized award (such as a Nobel Prize, Pulitzer Prize, Oscar, or Olympic Medal) or at least 3 out of the following 10 requirements:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field.
- Membership in associations in your field that require outstanding achievements of their members
- Published material about your work in professional or major trade publications or other major media
- Evidence of participation, individually or on a panel, as a judge of the work of others in your field.
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
- Evidence of your authorship of scholarly articles in the field, professional or major trade publications, or other major media.
- Evidence of the display of your work in the field at artistic exhibitions or showcases
- Evidence that you have performed in a leading or critical role for organizations with a distinguished reputation.
- Evidence you have commanded a high salary or other significantly high compensation for services in relation to others in your field
- Evidence of your commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
This path to obtaining permanent residency in the United States has some obvious advantages, including:
- You do not need an employer to file for you
- You do not need a job offer
- The lengthy PERM labor certification process is not required
- The premium process is available such that for an additional fee, the petition can be approved within 15 days or less.
2. Outstanding professors and researchers
These are persons who have been internationally recognized as outstanding in a specific academic area. They must have at least 3 years of experience in teaching and/or research in the academic area and seeking admission for:
- A tenure or track teaching position at a university or institution of higher education
- A comparable position at a university or institution of higher education to conduct research
- A comparable position to conduct research with a private employer if it employs at least 3 full-time researchers and the departmental, division, or institution has achieved documented accomplishments in an academic field.
What is required to prove eligibility?
- Receipt of major prizes or awards for outstanding achievement
- Membership in an association is required
- Published material in professional publications written by others about the applicant’s work
- Evidence of the person’s participation as a judge of the work of others
- Evidence of original scientific research
- Authorship of scholarly books or articles in the field
- Comparable evidence where the above standards do not readily apply
3. Multinational executives and managers
- Employed abroad for one year within the last 3 years by a firm or corporation or other legal entity or an affiliate or subsidiary of such entity
- Seeks to enter the United States to continue to render services to the same employer, or subsidiary or affiliate, in a managerial or executive capacity
- The company must be doing business in the United States for at least 1 year.
- No labor certification is required, but a job offer by a U.S. organization is a requirement.
How we can assist you
Over the years, we have assisted many aliens with extraordinary abilities to obtain permanent residency in the United States. We guided them in putting together the necessary evidence and prepared their petitions articulating their eligibility.
B. Second preference category (EB-2)
Members of professions holding advanced degrees or aliens of exceptional ability
This visa category is open to foreign nationals who are members of the professions and hold advanced degrees (above a B.A.) or the equivalent. Or because their exceptional abilities in sciences, arts, or business will substantially benefit the national economy, cultural or educational interest, or welfare of the U.S. prospectively and whose services are sought by an employer in the U.S.
Exceptional ability is considered to be “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” Certain professional athletes may also qualify under this category. To prove exceptional ability, the foreign national must provide evidence of at least 3 of the following:
- A degree relating to the area of extraordinary ability
- Letter from current or former employer showing at least 10 years of experience
- License to practice the profession
- Proof that the person has commanded a salary or remuneration demonstrating exceptional ability
- Membership in a professional association
- Recognition for achievements and significant contribution