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EXTRAORDINARY ABILITY (EB-1A)
The Extraordinary Ability category is one of the fastest methods for obtaining an employment-based visa because there is no requirement for a PERM Labor Certification, or a job offer from a U.S.-based employer. Contrary to popular belief, you do not need to have won a Nobel prize in order to qualify for this visa. The criteria though can be daunting, especially for someone early in their professional career.
Preparing an EB-1 petition is an intensive process. It is crucial that you have a knowledgeable team to assist to help put together a strong petition for the best chance of success.
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OUTSTANDING PROFESSOR OR RESEARCHER (EB-1B)
This category also does not require the PERM Labor Certification, but applicants must be sponsored by a qualifying U.S. employer offering them permanent employment. The criteria can also be very difficult to meet as it takes years to build the experience (3 years minimum) and evidence.
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MULTINATIONAL EXECUTIVES AND MANAGERS (EB-1C)
This category also requires a sponsoring U.S. employer but has different criteria than EB-1A and EB-1B. Beneficiaries are either an executive or manager and must have been employed in an overseas company in this capacity for at least one of the preceding three years of employment. The U.S. company must be related to the overseas company; typically, as a branch or subsidiary.
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EB-2 NATIONAL INTEREST WAIVER (NIW)
National Interest Waiver:
Individuals eligible for national interest waiver (NIW) classification may enjoy substantial advantages in the green card process. While they may skip the labor certification process normally required of their employers, they must have an offer of employment from a U.S. organization and must meet the broadly worded, but strictly enforced, NIW criteria.
NIW applicants must demonstrate threshold EB-2 eligibility either by holding an advanced degree or possessing exceptional ability in the sciences, arts, or business. Evidence of exceptional ability includes appropriate lesser degrees, employment verification letters, favorable salary history, licenses, associational memberships, professional recognitions, and/or awards.
The more challenging set of NIW criteria is the extensive evidence required to show that the individual’s work will be in the “national interest” of the U.S. Specifically, the individual’s work: (a) must have substantial intrinsic merit; (b) must be national in scope; and (c) must be such that the national interest would be adversely affected by testing the labor market, through labor certification, to find a U.S. worker with the minimum qualifications for the position.
Factors vital to the success of a NIW case include evidence the individual’s personal work will accomplish any of the following: improve the U.S. economy, wages, and/or working conditions; improve educational and training programs for U.S. children and/or under-qualified workers; provide more affordable housing for young, aged, or poor U.S. residents; improve the U.S. environment and lead to more productive use of the national resources; and/or directly benefit an interested U.S. government agency.
Available to persons with an advanced degree, or of exceptional ability in the sciences, arts, or business and requiring neither a job offer nor labor certification, this avenue to permanent resident status does require establishing that that applicant will engage in work which is in the “national interest” of the United States as documented by extensive and strong evidence. An immigrant visa petition and a request for a waiver of the labor certification requirement under this category must include at least three of the following:
- Evidence that the applicant has an advanced degree from a college, university, school, or other institution of learning relating to the area of exceptional ability.
- Evidence in the form of letters from current or former employers showing that the applicant has at least ten years of full-time experience in the field for which he or she is being sought.
- A license to practice the profession or certification for the profession.
- Evidence that the applicant has commanded a salary or other remuneration for services which demonstrate exceptional ability.
- Evidence of membership in professional associations.
- Evidence of recognition for achievements and significant contributions to industry or the applicant’s field by peers, governmental entities, or professional or business organizations.
Revised Guidelines for STEM Graduates
USCIS on January 21, 2022, announced a revision of the applicable standard of review for National Interest Waiver applications by graduates with a US degree in Science Technology Engineering or Math (STEM).
Per the revised guidelines, Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. The three factors USCIS considers for a national interest waiver are whether:
- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well positioned to advance the proposed endeavor; and
- It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
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O-1 VISA
The O-1 visa is a nonimmigrant visa, which means it is a temporary visa and does not lead to a green card. The criteria can be daunting as it requires successful applicants to meet a minimum of three out of ten listed criteria. Working with a team with a history of success in securing O-1 will be hugely beneficial to your application.