There are approximately 40,000 EB1 Visas made available by the United States Congress each year. Applicants for EB1 Visas do not require the process of labor certification (PERM), however a strong showing that the applicant is one of the following is required:
Aliens with extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized through extensive documentation. It must be shown that entry by the Alien will “substantially benefit” the US prospectively, or in the future. Self-petitioning without an employer is permitted under this category.
Proving extraordinary ability requires a very high showing and strong proof that the Alien does possess extraordinary ability and will benefit the United States. It is important to contact an experienced and tested law firm for an EB1 green card application, contact Cipolla Law Group for a consultation.
EB2 Green Card – Professional with Advanced Degrees or Exceptional Ability
Foreign national applicants under the EB2 second preference must be members of the professions holding advanced degrees or their equivalent or due to their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S.
The term “Advanced degrees” is defined as a bachelor’s degree plus at least five years of professional work experience in the profession or any United States academic or professional degree or foreign equivalent degree above of that of a baccalaureate.
“Exceptional ability in the sciences, arts or business” means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
EB2 PERM (Labor Certification)
Applicants for the EB2 application under this category must have a job offer and labor certificate, unless such requirement is waived by the USCIS because it is in the national interest to do so. (Please see National Interest Waiver for details)
There are 3 phases to the EB2 Green Card Process:
- Adjustment of Status
1. PERM (Labor Certification)
The labor certificate is a “certificate” by the U.S. Department of Labor (DOL), that there are no able, willing, qualified and available U.S. workers for the position offered. This is proven through a recruitment campaign, which includes placing advertisements in different places and making recruitment efforts.
The employer must provide proof that it has tested the labor market by the above recruitments methods to satisfy that there are no minimal qualified U.S. workers for the position offered.
PERM is extremely complex and detailed and requires and experienced Immigration Law Firm, contact Cipolla Law Group for a consultation.
2. I-140 Process
Following approval of the PERM process, the I-140 EB2 Petition may be filed. The EB2 Advanced Degree Petition requires a showing that the Beneficiary has the equivalent of a US Advanced Degree, that the offered permanent position requires an Advanced Degree and pays the prevailing wage for the position, and that the employer can afford to pay the prevailing wage.
The EB2 Process is a long but rewarding process as approval leads to Permanent Residence, a Green Card. It is important to have a skilled Immigration Attorney Representing you before filing and to submit a strong case on your behalf.Contact Cipolla Law Group for a consultation.
3. Adjustment of Status Process
An Immigrant Visa must be readily available and current based on the Applicant’s Priority Date and Current Visa Bulletin Schedule, and the Applicant must be eligible and otherwise admissible. Adjustment of Status under the Immigration and Nationality Act is the process of changing an individual’s non-immigration status to Immigrant Status (Green Card) as long as the individual was inspected, admitted or paroled in the United States. In some cases, the Adjustment of Status Applicant may be eligible for employment authorization and advanced parole (travel outside the US) while the Adjustment of Status is pending. There are many issues affecting eligibility to adjust status including:
- Preconceived Intent Issues;
- Medical Issues
- Criminal & Conviction Issues
- Inspection Issues
- Moral Turpitude Issues
- Overstay and Unlawful Presence
- Fraud Issues
Due to the complexities of Adjustment of Status and eligibility, it is highly recommended to contact an experienced Immigration Lawyer, contact Cipolla Law Group for a consultation.
Palatine, Illinois H1B Specialty Workers Visa Attorney
H1B Visa – Specialty Occupation – Professional Visa and Fashion Models
Individuals may obtain a temporary visa to work in the United States. An H1B Visa allows individuals who are offered a position with a U.S. employer to work for that employer as long as the position is n their field. The term “Specialty Occupation” is defined by the Immigration and Nationality Act as an occupation that requires a “theoretical and practical application of a body of specialized knowledge; and… attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” Generally, to be eligible for a H1B visa, the following criteria should be met:
- Applicant possesses a U.S. Bachelor degree or equivalent of a US Bachelor’s Degree or higher, or employment experience that are equivalent to a bachelor’s degree;
- H1B Employer is willing to pay the Applicant the Prevailing wage;
- H1B Employer can afford to pay the H1B Applicant such Prevailing Wage.
Examples of H1B Specialty Occupations:
There are numerous types of specialty occupations. Below is just a sample list as the options are numerous:
Computer Systems Analysts
Validity of H1B Visa:
The H1B visa is initially valid for a period of 3 years and may be renewed for another 3 years. The maximum number of years an individual may remain with the H1B status is six years. Obtaining an H1B Visa can be a competitive process as the Congress only makes an annual fiscal year limitation of 65,000 visas available for bachelor’s degree Applicants and 20,000 H1B Visas for U.S. Masters or higher Degree holders, commonly referred to as the “H1B cap”. The first date of filing each year is April 1st or the next working day if April 1st falls on the weekend or holiday. It is important to note that not all H1B petitions are subject to the H1B cap. As noted by the United States Citizenship and Immigration Services (“USCIS”), these H1B cap exempt categories may be filed at any time during the fiscal year and they commonly include:
- Institutions of higher education;
- Related or affiliated not-for-profit entities;
- Not-for-profit research organizations or governmental research organizations.
As in 2007 for work beginning in October 1, 2007, there was approximately twice the amount of applicants for each Visa within the first two days of filing. In contrast, 2010 the H1B Cap did not fill up until January 26, 2011.
The H1B visa Cap is unpredictable; therefore it is important to file as early as you can. As you can see above, possibilities of specialty occupations are extensive; however, the requirements are extremely detailed. You need every advantage you can have to maximize your chance of approval, make sure you contact Cipolla Law Group so that your best case can be put forward and you can avoid the many pitfalls surrounding H1B Visa Applications.
We also immigration legal services to people in cities near
Palatine, Illinois ( IL ) including
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Wood Dale, IL