Immigration

There are three categories of individuals in the first preference group and none of them require a Labor Certification Application.

• EB-1A are for individuals with extraordinary ability in the science, arts, business, education, or athletics who are nationally or internationally renowned in their field. These individuals may self-sponsor since no offer of employment is necessary. You must have been awarded a prize such as an Oscar, Pulitzer, Olympic medal or meet at least 3 of 10 criteria outline by USCIS.
• EB-1B are for outstanding researchers or professors who must be internationally recognized with at least 3 years of experience in the academic field. An offer of employment is required, and you must be coming to pursue a tenure track position at a higher education institution.
• EB-1C are for multinational manager or executive who have been employed outside of the U.S. for at least 3 years with 1 years being with the firm or its affiliate which the individual will be working for in the U.S. The U.S. employer must have been doing business in the U.S. for at least 1 year as an affiliate or with some other relationship with the company who employed you abroad.

Available to individuals with advanced degrees (or Bachelor and 5 years of progressive work experience), or extraordinary ability in the science, arts, or business. Generally, a labor certificate application is required unless the individual can show it is in the U.S. interest (National Interest Waiver) for that individual to work in the U.S. permanently—usually, not only does the individual have extraordinary ability; but working in the U.S. will greatly benefit the nation. National Interest Waiver individuals may self-petition.

Spouses and children (unmarried under 21 years of age) enter in E-21 and E-22 immigration Status. Spouses are eligible to file for employment authorization.

Available to professionals with a bachelor’s degree (education and experience cannot substitute for the degree), skilled workers (2 years training or experience) and unskilled workers (less than 2 years training or experience); not available to seasonal or temporary workers. You must have a full-time job offer and your employer must complete a labor certification application.

Spouses and children (unmarried under 21 years of age) of professionals or skilled workers enter in E34 and E35 and spouses and children of unskilled workers enter in EW4 and EW5 immigration Status. Spouses are eligible to file for employment authorization document.

Individuals must fall in the category of special immigrants, among others, religious worker, physicians, armed forced members, and broadcasters.

• Religious workers—those coming to perform fulltime work in a compensated position. While there is no cap for ministers, there is a 5000 cap each year for non-ministerial religious workers. You must have been a member of a bona fide non-profit religious organization for at least 2 years before applying and be coming to work for such an organization or non-profit affiliated with the religious denomination in the U.S.  Usually, you must have worked continuously for 2 years in the position prior to your application.

Spouses and children (unmarried under 21 years of age) may accompany or follow the religious worker or adjust status.

This program is designed to promote economic growth by allowing foreign entrepreneur s to invest a minimum capital of $1.8 million or $900,000 in a new commercial enterprise or regional center.  The investment capital cannot be borrowed.

• The new commercial enterprise must have been established after November 29, 1990; however, preexisting businesses that are restructured or reorganized, resulting in a new enterprise; or is expanded by 40 percent in net worth or employees—satisfies the new enterprise requirement. The commercial enterprise must be a for-profit business created to conduct lawful activities. Owning and operating a personal residence does not satisfy this definition.
• Your investment must create or preserve 10 full-time jobs for U.S. workers within two years. These jobs are direct or indirect. Direct jobs are those where the employees work in the new enterprise and indirect jobs are those created collaterally through the regional center by virtue of the investors’ capital. Investors are only credited for preserving jobs in troubled businesses.
• Investors will receive conditional residency for two years, after which they must apply to remove the condition in order to obtain permanent residence for themselves, their spouses and children.