US Immigration Workers Visa

US immigration work visas can be obtained immediately if a person meets the basic criteria for an immigrant visa. Most US immigration work visas require showing that in the US there is a shortage of workers performing specific jobs. This process is called the “Application for obtaining a permanent labor certificate”, or “Labor Certificate” for short (and also called “PERM”). The PERM process can be very time to consume and completely dependent on the American employer.

working visas united states green card through work immigrant visa

However, there are five categories for which labor certification is not required:

(1) those who invest in the business from 500 thousand to 1 million dollars;
(2) individuals who are international managers or managers;
(3) eminent professors and researchers;
(4) persons with exceptional abilities or academic degrees whose work is in accordance with national interests;
(5) persons with outstanding abilities.

In this article, the last four categories will be considered, since the grounds for their confirmation are similar in many respects. If you need more information about the first category – go to http://barristercorp.org/viza-eb5/

So, the category is “International manager or manager” (or EB-1C).
It is intended for employees who have been offered permanent employment, with managerial or managerial qualifications, an American employer who has been active in the United States for at least one year, and has worked for an authorized employer abroad, with managerial or managerial qualifications, from one to three years to entry into the United States in nonimmigrant status. Plenipotentiary employers are usually the same, a branch, subsidiary or parent company of an American employer.
In order to determine whether the position is managerial, the duties performed abroad, as well as for the proposed position in the US, should include:
1. Management of the organization, or department, division, service or part of the organization;
2. Control and management of other supervisory, professional and administrative staff, or management of an important function of the organization, or department, or organizational unit;
3. Powers to hire and fire or recommend, as well as other personnel decisions (such as incentives or leave), if another employee/staff is directly subordinate;
4. To take independent actions to monitor the current activities for which the employee is responsible.
To determine if the position is governing, the duties performed abroad, as well as for the proposed position in the US, should include:
1. Management of the management of the organization or the main part, or the service of the organization;
2. Establishment of the goals and strategies of the organization, its part or service;
3. Realization of wide powers in making decisions at own discretion; and
4. Only general control or leadership by senior managers, a board of directors, or shareholders of the organization.

Please note that in both subcategories, the position, first of all, should be aimed at managing or directing the practical or daily work of the company, rather than directly implementing it.

As for the other three categories, the category “Outstanding Researcher” is the easiest to obtain consent. In this category, you are obliged to convince state bodies that you have an outstanding international reputation as a research assistant or professor, and that you have at least three years of experience in research. Also, your employer must be a university or a private organization, which has at least three scientific jobs with permanent employment. Your employer should be prepared to apply to the state authorities in your favor.

EB2 immigration scientists
EB2 immigration researchers
To confirm your excellent reputation, the government provided a list of recommended documents. In addition, Barrister Corp. will provide its clients with a list of documents that our lawyers consider useful. First of all, the official list. State authorities must provide at least three of the following:
• Prizes, awards;
• Membership in associations, federations;
• Publications of articles written by others about your work;
4. Proof that you have evaluated other specialists in your field;
5. Proof of the contribution of your author’s scientific research to your area; or
6. Articles are written by you about your research, published in international circulation magazines.

As you can see, these categories are quite universal. From a practical point of view, we recommend that you provide the government authorities with as many of the following documents as possible. Please note that this is not a final list.
It is also necessary to prove juridical that you have at least three years of experience in research. Work in the private sector is also considered because Studies were conducted to obtain a Ph.D. or a doctoral degree.
The categories “Refusal of National Interests” (EB-2) and “Outstanding Abilities” (EB-1A).
Documents submitted to government bodies are generally of the same type as for the category “Outstanding Researcher.” Both categories “Refusal of national interests” and “Outstanding abilities” allow you to file a petition yourself. In other words, for immigration, you do not need an employer or a “sponsor”!
Nevertheless, you must convince the government that you are most likely to continue working in your field.
According to the new agency definitions, these two categories are very similar.
The categories “Refusal of national interests” and “Outstanding abilities” are not limited to scientists only. Artists and artists, athletes, and others can use these categories, although the regulatory documents of government agencies were written with the expectation of scientists. In practice, lawyers have successfully used these categories for dancers, comic artists, bodybuilding judges, specialized bike manufacturers and road safety engineers, which are given only as an example of the most unusual cases.
In order to get approval in the case of “Refusal of National Interests” (EB-2), you need to prove legally that you, or your abilities, will be able to benefit the United States, as in the case of the “Outstanding Capabilities” option recognized above outstanding. In other words, your abilities have something unique that will make life in the US better.
Since there is no official list requested by the US Immigration and Naturalization Service as a definition of “Waiver of National Interest,” the criteria are usually similar to the other categories, and most consistent with the following points:
1. Prizes, awards;
2. Membership in associations, federations;
3. Published articles or presentations of conferences;
4. Evidence that you were invited to evaluate the work of other specialists in your field;
5. Proof of the contribution of your author’s scientific research to your area; and
6. Articles are written by you about your research, published in international circulation magazines.

In the category of “Outstanding Ability” (EB-1A), government agencies will receive a one-time receipt of a major international award (for example, the Nobel Prize) or proof that you are one of the few who climbed to the top of their field and has already received international recognition. If you do not have such a reward, you must provide at least three of the following evidence:
1. Receiving national and international awards;
2. Membership in associations that require outstanding achievements from their members, in the opinion of national or internationally recognized experts;
3. Published material about you in professional or industry publications, or major media;
4. Evidence that you have evaluated other specialists in your field;
5. Proof of original scientific contributions in your field;
6. Proof of scientific articles written by you about your area, and published in specialized journals or other major publications;
7. Evidence that you have a leading or important role in an organization with an impeccable reputation;
8. Evidence that you have at your disposal a high salary or other remuneration for working in your field; and,
9. Everything else that you deem necessary to show that you are outstanding in your field.

If you are interested in applying any of these categories, Barrister Corp will gladly help you!

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Michelle Hill

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