The Immigration and Nationality Act includes five classifications for individuals seeking permanent residency based on employment. These five categories include a wide variety of professions, and permit not only employers, but also individuals, to directly apply for permanent residency. Among the categories of employment-based immigrant petitions are those available for foreign workers who are those of outstanding achievement, to those who are unskilled laborers, to every profession in between. Pursuing these visas is becoming increasingly more complex and difficult in the present climate. Our firm provides advice and guidance on how to handle and assist with even the most difficult of cases.
EB-1: Individuals of extraordinary ability, Outstanding Professors and Researchers, and Multinational Executives and Managers. EB-1 classification is available to the following categories of individuals:
EB-2: Members of Professions Holding Advanced Degree or Aliens of Exceptional Ability. Most individuals seeking classification in this category must be the recipients of job offers from a U.S. employer and must have at least an advanced degree or its equivalent. Individuals who can demonstrate exceptional ability in their field are eligible for such classification even if they do not hold a Masters Degree or its equivalent. Petitions seeking such classification of an employee must include extensive evidence about the employer and employee’s eligibility. In most cases, a labor certification is required. Professionals in a wide variety of fields are eligible for such classification.
Individuals whose work is deemed to be of intrinsic merit to the national interests of the United States and whose past accomplishments demonstrate that they will make substantial future contributions to our national interests are exempted from the requirement of a job offer and labor certification. These are known as National Interest Waivers.
Physicians working in medically-underserved areas are also eligible to apply for permanent residency in this category, as are physicians sponsored for permanent residency by an employer based upon a labor certification.
EB-3: Professionals, Skilled, and Other Workers. This category is reserved for employer-sponsored professionals with a Bachelors Degree or higher, skilled (defined as a minimum of 2 years of training or work experience) and other workers (those with less than 2 years of training and work experience). All employees sponsored in this category require a labor certification. (see labor certification). This is often the most commonly sponsored visa category. This visa category is often oversubscribed, and thus, only a limited number of visas are available per year.
This category covers a wide variety of individuals, including religious workers, U.S. employees abroad, individuals with certain military experience, and many others.
The EB-5 investor visa covers individuals who invest $1,000,000 (or $500,000 if the area of investment is demonstrated to be a TEA, or targeted employment area) in a new commercial enterprise that employs at least 10 USCs or LPR workers on a full-time basis, and engage in the business through day-to-day management and policy formulation. The underlying commercial enterprise can be set up through a broad spectrum of business entities, including a limited partnership, holding company, and wholly-owned subsidiaries of such entities. The entity must be for-profit. The investor must demonstrate that the funds have been placed at risk, that the source of funds is legitimate, and that the required 10 jobs will be created during a two-year conditional residency period granted to the investor.
Simply put, I shouldn't be here. I had a really complex immigration case and all the firms that we consulted with told us that I virtually had no chance of staying here in the United States for my son. All except Kriezelman Burton.
Justin Burton is an amazing lawyer that has been assisting me for 19 years! Starting with my green card process, to becoming a citizen! Then guiding my husband as well.
Justin Burton is a great lawyer who will go above and beyond through every step of the process to help you out. He is an honest and straightforward lawyer that will look out for your best interests. He really knows the law and will tell you the possibilities of the outcome depending on your case and background. I had a very complicated case (at least that I was told by previous attorneys). After 20 years of denials and six different lawyers, I was finally referred to Mr. Burton and it was the best thing that happened in my case. After…
Professional, with huge knowledge. Mr. Justin Burton is the best. Five stars is not enough!
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