EB1 Extraordinary Ability

Immigration Options for High-Achieving Aliens with Advanced Degrees: EB1-A

The United States provides special visa categories to attract immigrants with special abilities or skills, such as extraordinary knowledge or capabilities in the sciences, arts, education, business, or athletics. In addition there are also options available for outstanding researchers or professors, artists, and entertainers. The following is a discussion of EB-1A green card, one of the several of these visa categories.

 EB-1A Green Card for Alien of Extraordinary Ability

The EB-1A petition is an I-140 petition that can be used to later apply for a green card.  Extraordinary Ability (EB-1A) is a provision for immigrants of extraordinary ability in the sciences, arts, education, business or athletics. You may apply without employer sponsorship (“self-petition”), but you must be able to show that your work will be of substantial prospective benefit to the national interest of the United States. As a result of the 2010 precedent case, Kazarian v USCIS, there is a two-part test before approving an EB-1A petition.… Continue reading...

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Fairness for High-Skilled Immigrants Act – Let’s Get It Right This Time Around

high skilled immigrants act

Brief History of High-Skilled Immigrants Act

The fairness of High Skilled Immigrants Act was discussed during a February 13, 2013 Senate Hearing.  If you recall, the Bill was introduced to the House in September 2011 and subsequently passed in November 2011 by the U.S. House of Representatives.  It has subsequently been stalled by the Senate.  However, during a Senate Hearing Senator Lee, a Republican from Utah stated he will be introducing the bill in the Senate.

What is the purpose of this Act? 

The purpose of the Fairness of High Skilled Immigrants Act is to “amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.”

Who will be affected under this Act?

As many are aware, the per country limitations is a complete disaster.  By a simple review of the Visa Bulletin, you will see that a skilled worker in the Employment Based Green Card category of EB3 from India has over a 10 year wait time.… Continue reading...

Posted in Comprehensive Immigration Reform, EB1 Extraordinary Ability, EB2 Exceptional Ability, EB3 Professional Skilled Workers, Immigration Lawyer Blog, Immigration Reform, PERM | Tagged , , , , |

Impact of Arbitrary Congressional Caps on Employment Visas

 

The recent discussion about comprehensive Immigration Reform by both Republican and Democratic leaders has been highly encouraging.  As many politicians say however, the Devil is in the details.  It will be very interesting and life changing for many if Comprehensive Immigration Reform is actually passed, and if so, what is actually passed.  A recent blog article by Walter Ewing of Immigration Policy Center (IPC) of the American Immigration Council in Washington, DC. , supported by studies from Think Tanks and Associations such as Brooking Institution and the Kaufman Foundation.  The studies highlighted some of the contributions that Immigrants make to America, through economics, business, and science.  In particular, Ewing’s article cited a study that stated foreigners conservatively contributed $21.8 Billion dollars to the U.S. economy.  Additionally, “the National Science Board estimates that, in 2009, immigrants accounted for 41.6% of all science-and-engineering workers in the United States who had a doctorate and 33.4 percent those with a master’s degree.… Continue reading...

Posted in EB1 Extraordinary Ability, EB2 Exceptional Ability, EB2 NIW, EB3 Professional Skilled Workers, H1B Specialty Worker Visa, Immigration Lawyer Blog, Immigration Reform, Labor Condition Application (LCA), PERM | Tagged , , , , , , , , |

Proposed Bills to Reduce the Employment Based Green Card Backlog: Is It Election Related or For Real?

2012 Election and Immigration

The 2012 Election is just around the corner. Republicans versus Democrats, Romney versus Obama. A season of hearing many promises, pledges, and reforms, getting the Americans and others excited for hope and change, going forward, and whatever catchy slogan can be thought of. As part of these promises are lofty expectations of balancing the budget, improving the economy, jobs for everyone, and the list can go on. One added item to the list are all the new proposed legislation for Immigration.

You may recall that in 2008 Senator Obama’s promise for comprehensive immigration reform within 1 year of his Presidency. Now in 2012 we had President Obama discussing moving the location of adjudication of Extreme Hardship Waiver’s to the United States as opposed to the illegal alien needing to return home for adjudication. Also in 2012 we had President Obama’s Deferred Action plan being announced and introduced. Please note that deferred action is nowhere near Comprehensive Immigration Reform as Deferred Action just gives illegal aliens that were brought to the US as children that meet certain other requirements the right to work.… Continue reading...

Posted in Deferred Action, EB1 Extraordinary Ability, EB2 Exceptional Ability, EB2 NIW, H1B Specialty Worker Visa, Immigration Lawyer Blog, PERM | Tagged , , , , , , |

EB-1 Green card for Multinational Executives and Managers

An often overlooked green card option is the EB1 Multinational Manager or Executive.  It is an excellent green card option as it avoids the burdensome and arduous PERM process as required in EB2 and EB3 green card cases.  The requirements of an EB1 Multinational Executive or Manager are similar to an L1 Intracompany Transferee Visa.  In particular, the requirements are to 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.”  (Emphasis Added).  Seems straightforward enough, however USCIS has been scrutinizing L1’s and EB1 green card’s.  In particular, the managerial or executive capacity has generally been the element scrutinized the most.… Continue reading...

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