DE: (302) 478-2900
PA: (267) 908-5060

Employment Based Immigration

EXPERIENCED IMMIGRATION LAWYER ASSISTING CLIENTS GETTING EB1, EB2, EB3, AND WORK VISA

Applying for a green card is an involved process that requires a lot of documentation, including affidavits, testimonies and recommendation letters. A U.S. immigration lawyer can help you work through the bureaucracy and get your green card as quickly as possible.  We will determine which classification of employment-based immigration visa is suitable for you and prepare all of the necessary legal documents along with supporting evidence for submission to the U.S. Citizenship and Immigration Services (CIS). The CIS was formerly known as the Immigration and Naturalization Service (INS).

We assist clients in the following employment-based immigration visas to obtain Permanent Resident Status:

  • EB1 Extraordinary Ability
  • EB1-2 Outstanding Researcher / Professors
  • EB1-3 Managers and Executives
  • National Interests Waiver
  • EB2 Advanced Degree Holder
  • EB3 Professional / Skilled Worker
  • EB5 – Investor’s Visa

EXPERIENCED IMMIGRATION LAWYER ASSISTING CLIENTS GETTING EB1 VISA

The EB-1 visa is an immigrant visa, which allows foreign nationals with ‘extraordinary ability’ in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. Your achievements must have been demonstrated by sustained national or international acclaim be recognized in the field through extensive documentation

(A) Aliens with extraordinary ability

This category is for Aliens with extraordinary ability “in the sciences, arts, education, business, or athletics”. You must be one of “that small percentage who have risen to the very top of the field of endeavor,” to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. You must also seek to enter the U.S. to continue work in the area of ‘extraordinary ability’ and upon entry into the U.S. will substantially benefit the U.S. positively. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize.

Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit “other comparable evidence” if the following criteria do not apply:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  2. Membership in associations in the field which demand outstanding achievement of their members;
  3. Published material about the alien in professional or major trade publications or other major media;
  4. Evidence that the alien has judged the work of others, either individually or on a panel;
  5. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
  6. Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;
  7. Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;
  8. Performance of a leading or critical role in distinguished organizations;
  9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
  10. Evidence of commercial successes in the performing arts.

Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1 (A) classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all-important. An offer of employment from a prospective U.S. employer is not required for the EB-1 worker of extraordinary ability, you may petition for yourself.

(B) Outstanding professors and researchers

To qualify for an EB-1 visa as an ‘outstanding professor or researcher’ you must be a foreign national who:

  • Is recognized internationally as ‘outstanding’ in a specific academic area
  • Possesses at least three years of experience in teaching or research in the academic area, and
  •  Seeks to enter the U.S. for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area; or comparable position with a university or institution of higher education to conduct research in the area; or comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

  1. Receipt of major prizes or awards for outstanding achievement;
  2. Membership in associations that require their members to demonstrate outstanding achievements;
  3. Published material in professional publications written by others about the alien’s work in the academic field;
  4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
  5. Original scientific or scholarly research contributions in the field;
  6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

A petition (Form I-140, Petition for Alien Worker) must be filed with USCIS to request EB1- (B) classification. An offer of employment from a prospective U.S. employer is required, in the form of a letter from any of the above-mentioned universities or institutions of higher education or research.

(C) Multinational Manager or Executive

This category is for a ‘manager or executive’ subject to international transfer to the U.S. A multinational manager or executive is eligible for priority worker status if:

  • He or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization.
  • The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

A petition (Form I-140, Petition for Alien Worker) must be filed with USCIS to request EB1-(C) classification. Upon approval of the EB-1-(C) petition, the individual, his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the United States or through consular processing at a U.S. Consulate outside of the United States.

Contact Us

To discuss Naturalization with an experienced immigration lawyer from the Huang Law LLC, please feel free to call our Wilmington office at (302) 478-2900, or Philadelphia Office at (267) 908-5060.

EXPERIENCED IMMIGRATION LAWYER ASSISTING CLIENTS GETTING NIW VISA

The National Interest Waiver (NIW) is available to foreign nationals of exceptional ability in the sciences, arts, or business, and advanced degreed professionals. The National Interest Waiver can let you bypass the labor certification process

Benefits of National Interest Waiver:
  • You do not require a Labor Certification
  • You can file your green card petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf (self-petition)

Requirements for National Interest Waiver:

(A) Person with Exceptional Ability or Advanced Degree Holder

You must be a person with exceptional ability in the sciences, arts, or business, or an advanced degree holder.

1. Person with Exceptional Ability

To be classified as a person with exceptional ability, you must provide documented proof of at least three of the following:

  1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability.
  2. Letters documenting at least ten years of full-time experience
  3. A license to practice the profession or certification for a particular profession or occupation
  4. Evidence that you command a salary or other remuneration for services which demonstrates exceptional ability
  5. Membership in professional associations
  6. Documents which prove recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations

2. Persons Holding Advanced Degrees

To be classified as a person holding an advanced degree, you must possess a master’s degree or a bachelor’s degree with at least five years progressive post-bachelor degree experience.

(B) Your Occupation is in the National Interest

Factors that may be considered in determining national interest include, but are not limited to:

  1. Improving the U.S. economy
  2. Improving wages and working conditions of U.S. workers
  3. Improving education and training programs for U.S. children and under qualified workers
  4. Improving health care
  5. Providing affordable housing in the U.S.
  6. Improving the environment
  7. Request from an interested U.S. government agency

(C) Unique Knowledge and Abilities

You must possess unique knowledge or abilities that set you apart from other professionals and you will use these attributes in activities that will significantly benefit the Nation.

(D) Adversely Affects the Nation

The national interest must be adversely affected if a labor certification were required. You must submit sufficient proof that your contribution is significant, and the time taken for traditional labor certification process would severely impair national interest.

Contact Us

To discuss National Interests Waiver petitions and other alternatives with an experienced immigration lawyer from Huang Law LLC, please feel free to call our Wilmington office at (302) 478-2900, or Philadelphia Office at (267) 908-5060.

 

EXPERIENCED IMMIGRATION LAWYER ASSISTING CLIENTS GETTING EB2 VISA

The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who is a member of the professions holding advanced degrees or their equivalent or because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

(A) Foreign Professional holding an Advanced Degree

This category is for foreign national professionals holding an ‘advanced degree’ (master’s degree or higher), or the equivalent and with a job offer from a U.S. company. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

(B) Exceptional Ability in the Sciences, Arts, or Business

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

  1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
  2. Letters documenting at least ten years of full-time experience in the occupation being sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
  5. Membership in professional associations;
  6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

USCIS Form I-140 Petition for Alien Worker is required. Your employer must file the Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit a Department of Labor Form ETA-750B.

Contact Us

To discuss EB-2 petitions and other alternatives with an experienced immigration lawyer from Huang Law LLC, call our Wilmington office at (302) 478-2900, or our Philadelphia Office at (267) 908-5060. 

EXPERIENCED IMMIGRATION LAWYER ASSISTING CLIENTS GETTING EB3 VISA

EB3 – Professionals, Skilled Workers and Other Workers

EB-3 category is also divided into three different categories

  1. EB-3(A): This category is for ‘Professional Workers’ with a U.S. bachelor’s or foreign equivalent degree and with a job offer from a U.S. company.
    Professionals must hold a US baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.
  2. EB-3(B): This category is for ‘Skilled Workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company.
    Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Labor Certification Form states the job requirements, which determine whether a job is skilled or unskilled.
  3. EB-3(C): This category is for ‘Unskilled Workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company

Other workers are in positions that require less than two years of higher education, training, or experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.

Contact Us

To discuss EB3 petitions and other alternatives with an experienced immigration lawyer from Huang Law LLC, please feel free to call our Wilmington office at (302) 478-2900, or Philadelphia Office at (267) 908-5060.

 

THE UNITED STATES EB5 CHINESE LAWYER

The immigrant investor, or EB-5, program is a highly beneficial permanent residence option for the wealthy individual. Since there is no quota waiting list in this preference category, it enables a foreign national to obtain permanent residence status more expeditiously than with most other options.

The EB-5 category requires an investment of $1 million (or $500,000 in a high unemployment or rural area) in a commercial enterprise that will employ 10 full-time US workers. Although the investor’s role cannot be completely passive, he or she does not have to be involved in any way in the day-to-day management of the business unless he or she wants to do so. It is critically important that the investor be able to document the lawful source of investment funds, whether his or her own or funds given to him or her as a gift. The permanent residence obtained by the investor is conditional for two years and can be made permanent upon satisfying USCIS at the end of the two years that the investment proceeds have not been withdrawn and the requisite jobs have been created.

The investor may invest in his or her own commercial enterprise or in a commercial enterprise owned by other parties. The investor may also choose to invest in a pre-approved “regional center”. Regional centers are geographical areas for which USCIS has determined that investments will create the necessary 10 jobs per investor, whether directly or indirectly, in the geographical area. Virtually all of the regional centers are in geographical areas where $500,000 is the required amount of investment. Most of the regional centers involve limited partnership investments for which having the rights of a limited partner is considered sufficient to make the investor not completely passive.

At Huang Law LLC, we counsel foreign nationals on the advantages and disadvantages of individual and regional center EB-5 petitions as compared with other immigration options. On individual EB-5 petitions, we work with corporate and tax counsel on structuring commercial enterprises that comply with the EB-5 regulations. On all cases, we works with the foreign national on documenting the lawful source of investment funds. The end result is the filing of an individual or regional center EB-5 petition with substantial documentation.We also works with its foreign national clients on filing the application for permanent residency, the condition removal petition and ultimately, where requested, an application for naturalization to U.S. citizenship.

 

Huang Law LLC serves clients nationwide on immigration related matters.


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