Highly Skilled Immigration
EB-1A- Extraordinary Ability
To qualify for an EB-1A Green Card based on extraordinary ability, you need to meet the eligibility criteria set by the United States Citizenship and Immigration Services (USCIS). These criteria aim to establish that you have achieved a level of extraordinary ability in your respective field. To qualify, you must fulfill either of the following requirements:
Major International Award: You can qualify by providing evidence of receiving a major, internationally recognized award in your field. Examples of such awards include Nobel Prizes, Pulitzer Prizes, Oscars, Olympic Medals, and other similar prestigious accolades.
OR
Provide Evidence that you meet at least Three Criteria: If you don’t have a major international award, you can still qualify by demonstrating that you meet at least three out of the following ten criteria:
- Awards: Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field.
- Memberships: Membership in associations in your field that require outstanding achievements of their members.
- Published Articles Written by Others About Your Work: Published material about your work in professional or major trade publications or other major media.
- Peer Review Activities: Evidence of your participation, either individually or on a panel, as a judge of the work of others in your field.
- Original Contributions: Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
- Published Scholarly Articles Written by You: Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media.
- Artistic Exhibitions/Showcases: Evidence of the display of your work in the field at artistic exhibitions or showcases.
- Critical Role: Evidence that you have performed in a leading or critical role for organizations that have a distinguished reputation.
- Comparatively High Salary: Evidence you have commanded a high salary or other significantly high compensation for services, in relation to others in your field.
- Commercial Success: Evidence of your commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
If the above criteria do not readily apply to your occupation, comparable evidence may be submitted to establish your EB-1A eligibility.
These criteria provide a framework for establishing your extraordinary ability in your field and are meant to demonstrate that you have risen to the top of your profession and garnered national or international recognition.
It’s important to note that just meeting the criteria requirement is not a guarantee of approval, and a comprehensive and well-documented application is essential. Sydni and you will work as a team in navigating the EB-1A Green Card application process and presenting a strong case to USCIS.
EB-1B: Outstanding Professor and Researcher
EB-1B is given to professors and researchers recognized internationally for their outstanding academic achievements in a particular field.
To qualify, you must:
Have at least 3 years experience in teaching or research AND
Have a U.S. job offer to teach or work in a predominately research role. (Note: If the U.S. employer is a private company, the company will also need to show documented accomplishments and that it employs at least 3 full-time researchers). AND
Meet at least two criteria below:
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- 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
EB-2 Advanced Degree holder
In order to qualify under the EB-2 Advanced Degree Holder the job you apply for must:
- Require an advanced degree
- The applicant must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
- The applicant must meet any other requirements specified on the labor certification as applicable as of the priority date.
EB-2 National Interest Waiver
To qualify for an EB-2 NIW Green Card, you must pass the General EB-2 Eligibility Test and the National Interest Waiver Test.
Step 1: The General EB-2 Eligibility Test.
- You have an advanced degree (Master’s or Ph.D Degree), or its equivalent (Bachelor’s Degree and 5 years of experience); or
- You have demonstrated exceptional ability in your field.
Step 2: The National Interest Waiver Test. The applicant must satisfy all 3 elements of the National Interest Waiver test, which are:
- Your proposed work has both substantial merit and national importance;
- You are well-positioned to advance your proposed work; and
- When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements.
EB-2 Physician National Interest Waiver
- Physician must agree to work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years
- Physician a primary care (such as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician
- Physician must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)
- Physician must obtain a statement from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest (This statement is known as an attestation)
PERM Process
The Labor Certification, also commonly referred to as PERM, is the process by which an employer sponsors an employee for an immigrant petition. You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
- “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
- “Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
- The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
This process involves obtaining a prevailing wage from the Department of Labor in addition to recruiting for the position. If at the end of the recruitment process, a qualified US citizen or permanent resident is not found, an application (form ETA 9089( is made to the Department of Labor to certify to USCIS that there are no U.S. workers qualified and available to accept the position. Within 180 days of the Department of Labor certifying the Labor Certification/ PERM, a Petition for Alien worker application is submitted to USCIS. Depending on the availability of visas (i.e. priority dates), the petition for alien relative can be filed concurrently with the adjustment of status application.