Cortes Immigration

Employment-Based Green Card categories explained Part 4: EB-5

Employment-Based Green Card categories explained Part 4: EB-5

EB-5 is an Employment-based Green Card granted to investors that meet the requirements set forth by the U.S. Government. 

According to the U.S. Citizenship and Immigration services, investors are eligible to apply for a green card through this visa if the applicant: 

  • Make the necessary investment in a commercial enterprise in the United States; and 
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.  

If you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.  

Since the requirements and rules for the visa change over time, it’s important to consult with an experienced professional to assess your possibilities. Cortes Immigration Law Firm welcomes you for a free consultation. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals. 

Source : https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program 

Employment-Based Green Card Categories Explained Part 1: EB-1 ​

Employment-Based Green Card categories explained Part 1: EB-1

There are 5 different categories of employment-based green card to the United States. We are going to walk you through all of them, starting with Visa EB-1.

According to USCIS Government webpage, EB-1 Visa, popularly known as “Einstein Visa”, is granted to professionals with extraordinary abilities, outstanding professor or researcher, or certain multinational executive or manager. Each of these subcategories has different requirements for eligibility.

To be considered a professional with extraordinary ability, the applicant must meet at least 3 of the 10 criteria shown on the list below or provide evidence of a one-time achievement (for instance, an Oscar or Olympic medal), in addition to providing evidence that the applicant will continue to work in the area of expertise. In this case, the applicant does not need an offer of employment or labor certification to be eligible.  

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members.
  • Evidence of published material about you in professional or major trade publications or other major media.
  • Evidence that you have been asked to judge the work of others, either individually or on a panel.
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
  • Evidence that your work has been displayed at artistic exhibitions or showcases.
  • Evidence of your performance of a leading or critical role in distinguished organizations.
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
  • Evidence of your commercial successes in the performing arts.

To be eligible as an outstanding professor or researcher, the applicant needs to meet at least 2 of the 6 criteria provided on the list below. In addition, in this subcategory, the applicant needs to provide an offer of employment to be eligible, but no labor certification is required.

  • 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 noncitizen’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.

For certain multinational manager or executive, the applicant must have been employed outside the U.S. for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if the applicant is already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity the applicant worked for outside the U.S., and intend to employ the applicant in a managerial and executive capacity. In this case, no labor certification is needed.

if you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.

It’s important to consult with an experienced professional to assess your possibilities.

Cortes Immigration Law Firm welcomes you for a free consultation to assess your eligibility. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

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A Guide To Understand The Different Groups And Categories Of U.S. Visas

A guide to understand the different groups and categories of U.S. visas

There are two main groups of visas for those who wish to legally live in the United States, a permanent visa, and a temporary visa. A permanent visa, popularly known as green card, allows you to live in the U.S. permanently. A temporary visa only allows you to legally live in the U.S. for a limited amount of time.

Both groups have similar visa categories, but for different goals. For the permanent visa group, the main categories are Employment-based, which is based on professional abilities and financial investment into the U.S. economy, and Family-based, through which a U.S. citizen or a Lawful Permanent Resident (green card holder) may petition for certain non-citizen relatives to immigrate to the United States. For the temporary visa group, the main categories are Employment-based, and family-based. Whether you wish to live permanently or temporarily in the U.S., each category has several requirements set forth by the U.S. Government in order for the individual to qualify for the visa. It’s important to work with an experienced professional to assess your possibilities.  

Now that you have a little more understanding of the main groups and categories of U.S. visas, you will need an experienced legal team to represent you throughout the process. Having professional guidance will facilitate the process to legally immigrate to the United States.

Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

CONTACT US TODAY FOR A FREE CONSULTATION

Employment-Based Green Card Categories Explained Part 2: EB-2​

Employment-Based Green Card categories explained Part 2: EB-2

EB-2 is an Employment-based Green Card granted to professionals with either an Advanced Degree or Exceptional Ability.

According to United States Citizenship and Immigration services, in order to fit into the sub-category Advanced Degree, the applicant must possess a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field. As to the sub-category Exceptional Ability, the applicant must be able to show exceptional ability in the sciences, arts, or business. For this purpose, the applicant must meet at least three of the criteria shown below:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
  • Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
  • A license to practice your profession or certification for your profession or occupation.
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
  • Membership in a professional association(s).
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
  • Other comparable evidence of eligibility is also acceptable.

In addition to these criteria, both categories require that the applicant meet any requirements on the labor certification, unless the applicant petitions for a National Interest Waiver, which waives the job offer requirement.

If you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.

It’s important to consult with an experienced professional to assess your possibilities. Cortes Immigration Law Firm welcomes you for a free consultation to assess your eligibility. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

CONTACT US TODAY FOR A FREE CONSULTATION

Employment-Based Green Card Categories Explained Part 3: EB-3​

Employment-Based Green Card categories explained Part 3: EB-3

EB-3 is an Employment-based Green Card granted to skilled workers, professionals, or other workers.

To understand a little bit more about this visa, we need to understand the scope of each sub-category. A skilled worker is someone whose job requires a minimum of 2 years of training or experience. A professional, on the other hand, is someone whose job requires at least a U.S. baccalaureate or foreign equivalent degree and is a member of the profession. Other workers are people who perform unskilled work requiring less than 2 years of training or experience. 

Regardless of the sub-category of visa EB-3, a labor certification and a permanent, full-time job offer are required. In addition, there must be a shortage of qualified workers in the U.S. to perform the job.

If you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.

It’s important to consult with an experienced professional to assess your possibilities. Cortes Immigration Law Firm welcomes you for a free consultation to assess your eligibility. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

CONTACT US TODAY FOR A FREE CONSULTATION