锐泽律师事务所

Employment-based Visa

Immigration Law is complex and requires the guidance of experienced professionals who are equipped with the knowledge necessary to fight for you. Legal pathways to permanent residency, citizenship and temporary visas are available, but only a skilled Immigration Attorney can safely navigate the bureaucratic process and ensure that your best interests are not strangled by red tape.

Our immigration attorneys specialize in employment based cases, we have extensive experience in employment based visa cases and offer extensive consultations. We thoroughly evaluate your qualifications and the supplementary documentation to determine whether you satisfy the requirements.

Take the time to explore this site to gain valuable information and an overview of some of the options that may be available to you. Each person’s situation is unique, so if you would like to further discuss your options, please contact us to schedule an Initial Consultation and one of our attorneys will discuss in depth all the different possibilities that may be available to you.

Our Services

  • non-immigrant Working Visas
    • H1B
      • For individuals having the equivalent of a US bachelor degree (Foreign degrees and/or work experiencemay be found to be equivalent to a US bachelor degree).
    • L visa
      • L1A — For executives or managers who have worked for at least one year in the past three for a foreign parent, subsidiary, affiliate, or branch office of the US company that will employ them.
      • L1B — For specialized knowledge employees who have worked for at least one year in the past three for a foreign parent, subsidiary, affiliate, or branch office of the proposed US employer.
    • E visa
      • E1 — For staff to direct and develop import / export trade between the US and the treaty country.
      • E2 — For staff to direct and develop investments made in the US by a treaty country national/company
    • O visa
      • O-1A – individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
      • O-1B – individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
      • O-2 – individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. 
      • O-3 – individuals who are the spouse or children of O-1s and O-2s.

 

  • EB1, EB2 and EB3 Immigrant Visas (“Green Card”)

EB-1

The EB-1 is a preference category for United States employment-based permanent residency. It is intended for “priority workers”. Those are foreign nationals who either have “extraordinary abilities”, or are “outstanding professors or researchers”, and also includes “some executives and managers of foreign companies who are transferred to the US”. It allows them to remain permanently in the US.

EB-1A  “Extraordinary Ability”

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required – meaning, an individual can petition an EB-1A case for himself/herself without any U.S. employer to act as the sponsor/petitioner.

The evidence submitted must meet at least 3 out of 10 criteria set by USCIS , or provide evidence of a truly exceptional single achievement.

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

 EB-1B “Outstanding Professor or Researcher”

The petitioner should include documentation demonstrating the alien’s outstanding ability, and should also include a permanent job offer letter, as well as evidence of three years teaching or research experience.

The evidence submitted must meet at least 2 out of 6 criteria set by USCIS

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien’s work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

In addition, you must have minimum 3 years’ experience either in teaching or in research in the same academic area, and you must be seeking to enter the United States in order to pursue tenure or tenure-track teaching or to take up a research position at a university (or equivalent educational institution).

 EB-1C “Multinational Executive or Manager”

When an employer wishes to transfer an alien employee working abroad to a U.S. company as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must exist between the foreign employer and the U.S. employer. A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a qualifying relationship under the regulations (EB1C), the petitioner must show that the foreign employer and the U.S. employer are the same employer, or related as a parent/subsidiary or as affiliates. The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.

EB-2

The EB-2 Visa is for Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference).

EB-2A Advanced Degree

Applicants for this category must hold an ‘advanced’ degree, meaning at least a master’s degree, or have equivalent qualifications; such as a baccalaureate degree and substantial experience in their field. Usually a minimum of 5 years’ experience is required in the absence of an advanced degree.

EB-2B Exceptional Ability

Applicants must be able to prove exceptional ability in their area (arts or sciences, business, medicine, or athletics). Exceptional ability is defined as “significantly above that normally encountered.” Evidence is required that meets at least three of seven criteria set by USCIS, which may include:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

In either of the first two cases, the PERM process is required. This is a Labor Certification process where the U.S. Department of Labor (DOL) requires a market test be performed in order to prove there exist no qualified legal U.S.-based workers for the position in question.

However, the following third option (National Interest Waiver) provides an exception to the PERM requirement.

National Interest Waiver (NIW)

An alternative path to an EB2 Green Card is in the case of an individual who requesting the usual Labor Certification be waived because it is in the interest of the United States.

In other words, the job offer requirement can be disregarded if it can be proved that it is in the “national interest.” In this instance, the job offer and Labor Certification may both be waived, which means the individual does not requires a job offer and may petition for the EB2 directly.

NIW cases can be preferable to other employment-based green card options, however they tend to be complex and involve extensive scrutiny by USCIS. For this reason, anyone considering this route must speak to an experienced immigration attorney before starting any application process.

EB-3

The EB3 is the third preference level of employment-based green cards. Its advantages lie in the fact that the requirements are not as difficult to achieve as the preceding two categories. You don’t need internationally acclaimed awards, an executive position in a U.S. company, or even an advanced education. However there is often a waiting list for approval. To qualify for an EB3 green card, you must fall into one of the following categories:

“Skilled Workers”

  • You must be able to demonstrate at least 2 years of job experience or training
  • You must be performing work for which qualified workers are not available in the United States

“Professionals”

  • You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
  • You must be performing work for which qualified workers are not available in the United States
  • Education and experience may not be substituted for a baccalaureate degree

“Unskilled Workers (Other Workers)”

  • You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Each EB3 petition requires that the PERM Labor Certification process be followed.

PERM is where the U.S. Department of Labor (DOL) requires that the prospective employer test the market to establish that there are no willing or qualified workers already legally in the United States who can fill the position.

  • This process also requires a Prevailing Wage Determination which typically involves…
  • Posting with the relevant State Workforce Agency;
  • Posting an advertisement in a major newspaper on consecutive Sundays;
  • Posting the job ad in a conspicuous place at the worksite and on the company’s intranet/web site;
  • Plus three other recruitment processes as set out in the regulations.

It is vital that the employer conduct and record all actions carried out during this process. The employer is strongly advised to work with the advice and guidance of an experienced immigration attorney.

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