For most foreign nationals, there are two main ways to obtain a green card: family and work. For non-US individuals lacking a family member with permanent residence, family options are impossible or come with an annual wait. Employment-based options can be further divided into two options: at the initiative of the employer and at the initiative of the employer (also called own-initiative petitions).
Employer-initiated options are the more common of the two; these include job certification, which applies to all jobs, and outstanding researcher professor (EB-1B), which only applies to a career or permanent faculty. The only two categories of immigrant work visas for which a foreigner can even petition are the National Interest Waiver (EB-2) and the Extraordinary Ability (EB-1).
Limits of Employers
Many employers have limits on who sponsors permanent housing and when. They can only provide sponsorship for certain positions or employees who have been in office for more than a specified period of time. On the other hand, an employer may have a waiting period in which employees are not entitled to sponsorship until they are on a temporary visa with the company or institution for a certain period of time.
Positions that are temporary in nature (such as postdoctoral fellows, medical staff collaborators, or visiting faculties) or part-time are not suitable for categories supported by employers. If you are researching categories of permanent residence that do not require employer sponsorship, keep in mind that your options and qualifications for these categories will improve as your career progresses.
Your resume will be stronger if you advance to a higher position, and the employer can sponsor (and possibly pay) your permanent residence process. It is therefore important not only to consider whether you are entitled to your own petition but whether it is worth trying it now.
If you are starting now, it may be possible to obtain a work permit if you have an I-485 permanent residence application, which will make it easier to find a new job. In addition, it is easier for you to get on the path to US citizenship; your spouse can work, and you can travel without getting a new visa stamp in your passport.
In addition, if you are a legal permanent resident (LPR), your children may be eligible for college financial aid, and you may be eligible for many types of US government grants for their work.
Extraordinary ability (EB-1A)
Distinctive Ability is the highest level of immigration, which is reserved for individuals who can prove that they are one of the highest percentages of professionals in their field, nationally or internationally. There are no restrictions for fields that can be incorporated here. Category EB1-1 does not require employer sponsorship and needs no proof of employment for work.
This category requires reference letters from colleagues in the field (including independent reference letters) and documentary evidence that the applicant is one of the highest percentages in the field and has achieved lasting national or international recognition.
If an individual has received a Nobel Prize or a very similar high-level award for achievement in the field, no further proof is required. However, most individuals should provide more and more evidence that they have achieved at least three rules of conduct for this category.
In addition to meeting the above three criteria, individuals must be able to demonstrate generally presented evidence that demonstrates that they are at the forefront of their field. This can be demonstrated in various ways, such as high citations published in leading journals in the field and evidence that others in the field use individual work.
Please keep in mind that each case is different – many talented young candidates are not yet ready to apply for this category, but there may be other options. We also often meet knowledgeable and knowledgeable people who do not realize that they are eligible for this category.
Update your resume or CV, including details of at least six references (including at least three references that did not work or did not work with you), and send them to us via the contact page. We will help you consider your qualifications.
National Interest Waiver (NIW or EB-2)
Many of the same letters and evidence as described above can be used to demonstrate that the applicant met the NIW criteria. The criteria for this category can be considered stricter but less specific. The applicant’s proposed efforts must be of substantial merit and national interest. The applicant must be in a good position to facilitate the proposed effort.
In balance, it may be beneficial for the United States to reject a job offer and job requirements in the EB-2 category. Significant earnings cover broad areas such as business, entrepreneurship, science, technology, culture, health, and education. The national interest scale excludes people who perform significant work with a local influence, such as teachers or social workers.
The candidate’s proposed employment should have the potential to influence the industry or sector in a broader sense and go beyond creating value for the institution, client, or customer. A business project can reach this standard if it has great potential to attract American workers.
Or have other significant positive effects on the economy, especially in an economically depressed area. The second jump is not easy to complete.
USCIS and Factors Considered
In order to determine whether the applicant is well placed to make progress in the proposed effort, factors would be considered by USCIS – such as education, skills, knowledge, and individual success records a model or plan for future activities progress towards efforts and the importance of potential customers, users, investors.
USCIS often focuses on past results as an indicator of future chances of success. For researchers, USCIS look at whether their previous work had served as an impetus for progress in this area or provoked substantial positive discussion in the wider academic community.
To meet this gap, the applicant can demonstrate that external researchers have determined, for example, the applicant’s performance or that the discovery is widely implemented, licensed for industrial use, etc. Finally, to eliminate whether the applicant meets the third point, USCIS considers the following factors- if, in view of the nature of the candidate’s qualifications or the proposed aspirations, it may be impractical to obtain a job offer or to obtain a job certificate.