Secrets of Winning a Green Card for Top International Professionals

Top international professionals may be eligible for green cards through the EB-1 and EB-2 alternatives to PERM labor certification green card process. These slides address the nuts and bolts of these alternative immigrant visa options including Extraordinary Ability, Outstanding Researcher, National Interest Waivers, Multinational Executives/Managers,and more.
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  • 1. 7/20/2014 1 Secrets to Winning a Green Card for TOP International Professionals Ask Questions at Any Time Go to your Q&A panel at the right sidebar. Type and send your question. Questions answered throughout presentation and during the Q&A session. PowerPoint Slides Download Download and print the slide handout to record notes Secrets to Winning a Green Card for TOP International Professionals
  • 2. 7/20/2014 2 Ann M. Badmus Angela M. Lopez Thu T. Nguyen Presenters Green Card Application Procedures Overview of Employment Based Immigrant Visa Availability Employment Based (EB) Options for Top Professionals Nuts & Bolts Questions & Answers Webinar Agenda 1 2 3 4 Overview
  • 3. 7/20/2014 3 Employment Based (EB) Immigrant Visa (Green Card) Categories EB-1 Outstanding Researcher, Extraordinary Ability, or Multinational Executive/Manager EB-2 National Interest Waiver for All Occupations EB-2 National Interest Waiver for Physicians EB-4 Special Immigrant Workers EB Green Card Annual Quotas (October 1 to September 30) EB-1 Priority Workers 40,000 EB-2 Advanced Degree/Exceptional Ability Workers 40,000 EB-3 Professional and Other Workers 40,000 EB-4 Special Immigrants 10,000 EB-1 Green Card Annual Quota Facts to Know 7% Country Limit Country of Birth Spouse’s Country of Birth Quick Fact
  • 4. 7/20/2014 4 Visa Bulletin – July 2014 Employment-Based All Chargeability Areas Except Those Listed China- Mainland Born India Mexico Philippines 1st Current Current Current Current Current 2nd Current 07/01/09 09/01/08 Current Current 3rd 04/01/11 10/01/06 11/01/03 04/01/11 01/01/09 4th Current Current Current Current Current Priority Date = Date of PERM filing Employment Based Options for Top Professionals Nuts & Bolts EB-1 Categories Extraordinary Ability (EB-1A) Outstanding Researcher (EB-1B) Multinational Manager/Executive (EB-1C)
  • 5. 7/20/2014 5 No employer sponsorship required but must show potential contribution to the United States Any occupation can qualify, e.g. researchers, physicians, musicians, artists, athletes, entrepreneurs, and more. Applicant must have risen to the top of the field and are nationally or internationally renowned. Extraordinary Ability (EB-1A) Extraordinary Ability Criteria Awards Memberships Publications Featured Articles Judge or Reviewer Extraordinary Ability Criteria (cont) Original Contributions Leading or Critical Role for Top Organizations High Salary or Compensation Display at artistic exhibitions Commercial Success Other Comparable Evidence – catch all
  • 6. 7/20/2014 6 Employer sponsorship required. Employment with university or company with at least 3 researchers and recognition in field Applies to researchers and professors only, with 3 years experience and permanent, tenure-track, or tenured job offer Applicant must be recognized internationally as outstanding in a specific academic area Outstanding Researcher (EB-1B) Outstanding Researcher Criteria Awards Memberships Articles about Beneficiary Authorship of Scholarly Articles Judge or Reviewer Original Contributions to the field Two Part Analysis for EB-1A and EB-1B Categories Kazarian v. USCIS “final merits” determination – has the alien sustained national or international acclaim? EB-1B – Meet minimum of 2 of 6 criterion EB-1A – Meet minimum of 3 of 10 criterion
  • 7. 7/20/2014 7 Multinational employer required with operations in U.S. for at least one year. Foreign company and U.S. company must have qualifying relationship. Applies to top- level managers and executives only. Must have worked with foreign company as manager or executive. Applicant must have worked with company outside U.S. for at least one year in the three years before application or before entry into U.S. as nonimmigrant. Multinational Executive or Manager (EB-1C) No specific job offer or employer required. Applicant must intend to be employed in his or her occupation Applicant must be Advanced Degree Professional or Exceptional Ability Alien in any field Applicant’s immigration must benefit the national interest of the United States. EB-2 National Interest Waiver (All Occupations) Advanced Degree Professional Master’s degree or higher; OR Bachelor’s degree and five years of progressive professional experience
  • 8. 7/20/2014 8 Exceptional Ability Alien Criteria Degree in related field 10 years of experience Professional license Membership in professional associations Compensation commensurate with experience Recognition and significant contributions to the field Proof of 3 criterion required National Interest Analysis Field of Substantial Intrinsic Merit National Benefit National Interest outweighs Labor Certification Benefit No specific job offer or employer sponsorship required. However, five year contract required. Applicant must be physician practicing medicine in an HPSA or MUA designated underserved areas. State Health Department must provide public interest letter and may have reporting requirements. EB-2 National Interest Waiver (Physicians Only) Physician must complete 5 years of medical practice in underserved area before green card is approved.
  • 9. 7/20/2014 9 Full-time (35 hours/week) job offer from tax-exempt religious organization required. Applicant must be minister or professional in a religious occupation, with two years paid work experience in same denomination. USCIS will send investigator to visit the religious organization before approving petition. EB-4 Special Immigrant Religious Worker Green Card Procedures Step 1 - I-140 Petition for Immigrant Worker I-140 Petition for all categories except EB-4 (I-360 Petition) Employer must prove ability to pay the offered wage (prevailing wage or higher) – EB-1B, EB-1C, EB-4 Sponsored employee’s qualifications must be documented, e.g. education, experience Premium processing option ($1225) for EB-1A and EB- 1B only
  • 10. 7/20/2014 10 Employer Ability to Pay Wages Proof of current ability to pay offered wage can include: •A statement from the financial officer of the company, if 100 or more employees •Copies of the following documents for the year of and year preceding the labor certification, if fewer than 100 employees: •Annual Report •Federal Tax Returns •Audited Financial Statements Step 2 - Immigrant Visa Application Priority date must be current, i.e. immigrant visa number available in the EB category Two processing options • Adjustment of Status petition (in the U.S.) – Form I-485 • Consular process (outside the U.S.) - Form DS-260 Quick Fact J-1 Waiver Physicians must complete three year medical service before applying for immigrant visa (except for EB-2 NIW Physician) Adjustment of Status (I-485) Present in the U. S. in valid non-immigrant status and no status violations for more than 180 days I-485 filed separately for employee and family member with USCIS Employment Authorization Document (EAD)/Travel Authorization Document (Advanced Parole) Processing time – 6 months or more, depending upon priority date
  • 11. 7/20/2014 11 Consular Process (DS-260) DS-260 Form – file with Department of State (consulate/embassy) for employee and each family member International Travel required – Employee and family member must attend immigrant visa interview at the U.S. embassy located in home country Processing time – 6 months or more, depending upon priority date and consulate Tips for Fastest Processing Determine whether I-485 or DS-230 is best or only option before I-140 is filed File I-140 and I-485 applications concurrently, if priority date is current Use premium processing for I-140 petition, especially if consular processing Track cut-off dates against your priority date monthly at: Questions?
  • 12. 7/20/2014 12 What to Do Next? Facts of each case are different. The general information provided here should not be relied and is not legal advice. Consult with an experienced immigration attorney to get the right advice for your specific circumstances. Cowles & Thompson, PC 901 Main Street Suite 3900 Dallas, Texas 75202 214-672-2000 How to connect with us
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