Working in the United States provides many opportunities for talented and hardworking people from abroad. Employment-based immigration also allows businesses in the United States to draw from a broader pool of talent to find employees who best fit their needs.
EB-1A, Extraordinary Ability
Under the EB-1A visa category, individuals who are considered to be at the top of their field of endeavor can self-petition for permanent residence. This visa category is applicable to areas including the sciences, health, business, international relations/affairs, socio-economic careers, and the arts among others. An application in this category requires the individual to meet a minimum of three out of ten regulatory criteria, and an overall showing of sustained national or international acclaim. This visa category carries a highly restrictive standard, and an applicant should be prepared to provide significant evidence and documentation to substantiate their standing in their field.
We welcome the opportunity to review your credentials and discuss possible eligibility under this category. We feel that it is important for a potential applicant in this visa category to obtain a full and candid evaluation of their standing in the appropriate context of the EB-1A visa regulations. At the Alliant Law Group, LLC we have significant experience in working with individuals from a range of fields, and will provide a professional, and on point evaluation of your credentials so you can decide whether an Extraordinary Ability application is an appropriate visa category for you to pursue.
EB-1B, Outstanding Professor or Researcher
Under this visa category, the applicant must be sponsored by an appropriate employer for the Immigrant Petition. This includes being employed in a permanent position with an employer with at least three employees. The position will need to be tenured or tenure-track, or of indefinite or unlimited duration. There are six regulatory criteria, and the applicant must meet a minimum of two regulatory categories. The individual must also have a minimum of three years experience in their field, and be able to show international recognition and considered to be outstanding.
At Alliant Law Group, LLC we can evaluate your credentials and accomplishments to determine whether we feel you are a good candidate for this visa category, as well as discussing the application process with your employer to confirm that the proffered position meets the regulatory requirements.
EB-2, National Interest Waiver
This self-petitioned application requires the applicant to have an advanced degree (Masters or above), and to show that their work can be considered to be in the National Interest of the United States. Applicable fields include the sciences, health, international relations/affairs and socio-economic among others. In order to meet these criteria, one must show the work to be national in scope; have substantial intrinsic merit; and, that the individual would serve the national interest to a substantially greater degree than an available US worker. An applicant for this visa category should be prepared to establish impact and influence on their field of expertise.
We will review your credentials and professional accomplishments to determine whether you would be a good candidate for this visa category. At the Alliant Law Group, LLC we believe that a thorough evaluation and discussion of your professional background in the context of the National Interest Waiver will allow you to fully understand the issues involved in this visa application, and allow you to decide whether it is appropriate for you to pursue a case under this category.
EB-2, Physician National Interest Waiver
This visa category can also be utilized by physicians, whereby the physician agrees to work for a period of time in a designated underserved area. For most physician NIW cases, the required period of service is 5 years. We can review the overall circumstances of your case to determine if you are eligible to meet the criteria for this category.
For further information on how we can help your making an employment-based application, please contact Managing Partner Daniel Conidi at Dconidi@alliantlaw.us for a free consultation.