RESIDENCY EMPLOYMENT VISAS
In contrast to temporary, nonimmigrant visas for employment, residency-based employment visas confer permanent residency (“Green Cards”) for eligible individuals. The business immigrant visas that GMLG provides advice on, detailed below, have specific requirements and conditions as determined by law.
Often, these visas are used after an individual has already been in the United States in a nonimmigrant status (as a student or on an H-1B visa), and wishes to stay on a permanent basis. As such, job description and employment history are important factors in determining an individual’s eligibility.
The EB-1 visa is for individuals of extraordinary ability; outstanding professors and researchers; or multinational managers or executives.
To qualify as extraordinary, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
To qualify as an outstanding professor or researcher you must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
For multinational managers or executive, you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your 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.
Each EB-1 subcategory has certain additional requirements that must be met, so check with GMLG for the details.
The EB-2 visa is for a professional holding an advanced degree (or its equivalent), or is an individual who is a foreign national of exceptional ability. A job offer is required, as is labor certification from the U.S. Department of Labor (except as outlined below under National Interest Waiver).
If you are seeking classification as the holder of an advanced degree, the job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). If you seek to qualify as a person of exceptional ability, you must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” This exceptional ability must also substantially benefit the U.S., either through economic development or the enhancement of cultural and educational elements of the society.
Additionally, one can waive the need for labor certification by qualifying for a National Interest Waiver (NIW). In order to qualify for a NIW waiver, the individual must fulfill the following three requirements:
· Work will be completed in the U.S. in an area of substantial intrinsic merit
· The impact of the work to be done will be national in scope
· Waiving the labor certification would benefit the national interests of the U.S.
The EB-3 visa is for professionals, skilled workers, and other workers who wish to achieve permanent resident status in the U.S. For professionals, a bachelor’s degree or the foreign university equivalent is required. For skilled workers, a full-time job that requires at least 2 years of training or work experience is required, and the job must be permanent in nature. For “other workers,” the 2 years of training or work experience is not required.
It should be noted that the EB-3 visa category is severely backlogged for India China, Mexico, and the Philippines, which means that for individuals from those countries there will be a wait of several years before the issuance of a visa, if approved by USCIS.