EB1 Visa, EB2 Visa, EB3 Visa
To Green Card
THERE IS ALSO A GOOD NEWS!
There are many ways to get a green card.
EB-1A: EXTRAORDINARY ABILITIES
The EB-1A category is designed for individuals who possess extraordinary ability in their field, allowing them to self-petition for a Green Card without the need for an employer sponsor. Here are some key points about the EB-1A category:
To qualify for an EB-1A Green Card, an individual must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. They must provide evidence of their achievements and demonstrate that their presence in the U.S. will substantially benefit the country.
Evidence of Extraordinary Ability
Applicants must provide extensive documentation showcasing their extraordinary ability. This can include awards, recognition, memberships in prestigious organizations, published work, media coverage, participation as a judge or reviewer, and evidence of original contributions or significant contributions in their field.
Employer Sponsorship Not Required
One significant advantage of the EB-1A category is that it does not require an employer sponsor. Individuals who meet the criteria can self-petition for a Green Card, allowing for greater flexibility and independence in the application process.
EB-1C: MULTINATIONAL MANAGER
The EB-1C category provides an opportunity for multinational executives or managers to obtain a Green Card. Here are some key points about the EB-1C category:
To be eligible for an EB-1C Green Card, the applicant's foreign employer must have a qualifying relationship with the U.S. entity. This can include a parent company, subsidiary, affiliate, or branch office.
The individual must have been employed by the foreign employer in an executive or managerial capacity for at least one continuous year within the three years preceding the application. The employment must be outside the United States.
Transfer to the United States
The individual must be coming to the United States to work in a managerial or executive capacity for the U.S. branch, subsidiary, affiliate, or parent company. This requires a legitimate offer of employment from the U.S. entity.
Qualifications as a Manager or Executive
Applicants must demonstrate that they will work in a managerial or executive capacity in the United States. This can include having the authority to make decisions, supervise personnel, and oversee operations or a major component of the organization.
Examples of EB-1C Visa Paths
Branch Office Manager
Suppose a foreign company establishes a branch office in the United States and wants to transfer a manager to oversee the operations. If the manager has been employed in a managerial capacity by the foreign company for at least one year, they may be eligible for an EB-1C Green Card.
Executive of a Subsidiary
If a foreign company has a subsidiary in the United States and wants to transfer an executive to direct the subsidiary's operations, the executive may qualify for an EB-1C Green Card if they meet the necessary requirements.
Manager of an Affiliate
In cases where a foreign company has an affiliate in the United States, and the affiliate needs a manager to oversee its operations, the foreign company can transfer a qualified manager who has been employed in a managerial capacity for at least one year.
EB-2: IF YOU HAVE A MASTER DEGREE
The EB-2 visa category is designed for professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business.
Here are some key points about the EB-2 category
Advanced Degree Requirement
To qualify for an EB-2 Green Card, individuals must possess an advanced degree or its equivalent. This can include a master's or doctoral degree, or a bachelor's degree with at least five years of progressive experience in the field.
Alternatively, individuals with exceptional ability in the sciences, arts, or business may also be eligible for the EB-2 category. Exceptional ability is demonstrated through evidence of achievements, recognition, and expertise that significantly surpasses the average professional in the field.
Before applying for an EB-2 Green Card, the employer must typically obtain a labor certification from the U.S. Department of Labor. The labor certification process involves demonstrating that there are no qualified U.S. workers available for the position and that hiring the foreign national will not adversely affect the wages and working conditions of U.S. workers.
Examples of EB-2 Visa Paths
H-1B Visa Holders
Many individuals in the United States on H-1B visas, which are temporary work visas for skilled workers, may be eligible for an EB-2 Green Card. If they meet the advanced degree or exceptional ability requirements, they can transition from the H-1B visa to an EB-2 Green Card through employer sponsorship and the labor certification process.
Professionals with Advanced Degrees
Individuals who hold advanced degrees, such as master's or doctoral degrees, can directly apply for an EB-2 Green Card if they can demonstrate that their employment in the United States will be in their field of expertise and of substantial benefit to the nation.
Individuals with Exceptional Ability
Those with exceptional ability in the sciences, arts, or business, who may not possess advanced degrees, can still pursue an EB-2 Green Card by showcasing their exceptional achievements, recognition, and contributions in their respective fields. They must provide evidence of their exceptional ability and demonstrate the national or international impact of their work.
EB2 NATIONAL INTEREST WAIVER (NIW)
I apologize for any confusion, but there is no specific "E2 NIW" category. The National Interest Waiver (NIW) is typically associated with the EB-2 immigrant visa category. The E2 visa is a non-immigrant visa category for investors and does not have a direct NIW option.
The NIW is a provision that allows certain individuals in the EB-2 category to request a waiver of the job offer and labor certification requirements if their work is determined to be in the national interest of the United States. It is commonly used by professionals with advanced degrees or exceptional ability in their field.
While the E2 visa does not have a direct NIW option, it's important to note that individuals on E2 visas may have the opportunity to transition to other immigrant visa categories, such as the EB-2 or EB-1C, which do offer the NIW option.
For example, if an individual on an E2 visa obtains an advanced degree or exceptional ability in their field while in the United States, they may be eligible to apply for an EB-2 visa and potentially seek a National Interest Waiver.
EB-3: IF YOU HAVE NO MASTER DERGREE
The EB-3 category is designed for individuals who have the skills, experience, or education necessary to perform jobs for which qualified workers are not available in the United States. Here are some key points about the EB-3 category:
The EB-3 category is divided into three subcategories, each with its own specific requirements:
a. Skilled Workers. This subcategory is for individuals who possess at least two years of job experience or training that is not seasonal or temporary in nature. The job must require at least two years of training or experience, and there must be a shortage of qualified workers available in the United States.
b. Professionals. This subcategory is for individuals who hold a U.S. bachelor's degree or its foreign equivalent, and the job they are seeking requires a bachelor's degree or higher in a specific field. The job must be a professional position for which there is a shortage of qualified workers available in the United States.
c. Other Workers. This subcategory is for individuals performing unskilled labor jobs that require less than two years of training or experience. The job must be full-time and permanent, and there must be a shortage of qualified workers available in the United States.
Before applying for an EB-3 Green Card, the employer must typically obtain a labor certification from the U.S. Department of Labor.
The labor certification process involves demonstrating that there are no qualified U.S. workers available for the position and that hiring the foreign national will not adversely affect the wages and working conditions of U.S. workers.
Job Offer and Employer Sponsorship – Is the Most Difficult Part of Getting EB3 Visa
To apply for an EB-3 Green Card, individuals must have a job offer from a U.S. employer who is willing to sponsor them. The employer must file an immigrant petition on behalf of the employee, demonstrating the need for the foreign worker in the specific job position.
Examples of EB-3 Visa Paths
An individual with two years of experience as a specialized computer programmer who receives a job offer from a U.S. technology company. The company sponsors the individual for an EB-3 Green Card based on the shortage of qualified workers in the field.
A foreign nurse with a bachelor's degree and a job offer from a U.S. hospital. The hospital sponsors the nurse for an EB-3 Green Card due to the shortage of qualified nurses in the area.
A construction worker with experience in a specialized trade, such as carpentry, who is offered a full-time position by a U.S. construction company. The company sponsors the worker for an EB-3 Green Card based on the shortage of qualified workers in the trade.
Ahmed, an E2 visa holder from Egypt, works in the United States as a welder for a manufacturing company. His employer sponsors him for an EB-3 visa as a skilled worker due to his expertise in welding. Ahmed goes through the labor certification process and, upon approval, becomes eligible to apply for a Green Card.
After we secure a job offer for EB3 Green Card applicant,
The most difficult task of EB3 Green Card process is done.
After getting a job offer, a good immigration lawyer will prepare
EB3 Green Card Labor Certification,
File I-140 and Adjustment of the status.
If you have any questions,
please schedule a 1 hour free consultation below.
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Andrew and his staff have an excellent understanding of the issues and challenges that the immigration community faces with regard to opening a new business. Their approach to preparing a business plan is simple yet effective. The work product is superb and it exceeded my expectations and that of my client. Highly Recommended!
Business Immigration & Contract Attorney
Our office is grateful for the hard work and exemplary service provided by Andrew and his team. They not only help our clients organize and better manage our operations but have provided us with strong and prompt support to help us complete the case more efficiently. We strongly recommend his service.
Andrew has proven time and time again to be spectacular in his work product. Our clients are approved and we have never received an RFE for additional information for the business visa. Andrew is always available to answer questions for the clients and is always patient and professional. We will certainly continue to work with him, especially this year are we are expanding our business immigration section.
Client S was approved by the U.S. Consulate in Tirana, Albania. Not the easiest consular office to get an E-2 Investor’s Visa from! I am confident that our success in this case is due in no small part to your impeccably prepared business plan. On behalf of my client and myself, thank you!
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Here Is My Immigration Story:
Like YOU, I was a business immigrant myself in 1994.
I remember all my worries, fears and frustrations...
To give you an idea,
my business visa application was rejected.
I filed a lawsuit against U.S Government!!!
After one very long year
- I did WIN!