Extraordinary Green Card for Famous Person EB1

An alien may apply for an immigrant visa as a person of extraordinary ability. Under this category, alien may apply him/herself. Applicant does not need an employer to file a petition. However, the applicant must show that he/she will in the same field of his extraordinary capacity.

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

If an alien has following three things he may file EB-1 petition.

1. The alien has extraordinary ability in the sciences, arts, education, business, or athletic which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
2. The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
3. The alien’s entry into the United States will substantially benefit prospectively the United States.

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor. 

Source: 8 C.F.R. § 204.5(h)

The following three out of ten lists may show that an alien is qualified for extraordinary ability visa petition.

Source: 8 C.F.R. § 204.5(h)(3)(i)-(x).

The ten factual standards for EB1 are as follows:

• (i) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
• (ii) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
• (iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
• (iv) Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
• (v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
• (vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
• (vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
• (viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
• (ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
• (x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Please take notice that this is not a legal advice. If you need legal advice, please contact Bhurtel Law Firm.

EB-2

A qualified alien who is a member of the professions and who holds an advanced degree qualifies for an EB-2 immigrant visa.

Any United States employer may file a petition on Form I-140 for classification of an alien if an alien is a member of the profession holding an advanced degree. 

Source: See 203(b)(2) of INA. See also 8 C. F. R. § 204.5 (k) (1)

An advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of a baccalaureate.

Source: See 8 C. F. R § 204.5(k) (2)

Any professional degree which is above the baccalaureate degree is an advanced degree, for example, J. D. or M. D. degrees are an advanced degree because they are above the baccalaureate degree. Master degrees are also advanced degrees.A qualified alien who is a member of the professions and who holds an advanced degree qualifies for an EB-2 immigrant visa. 

Source: INA § 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A)

The employer must be offer prevailing wages and must pay after alien receives permanent resident.

The employer must follow other requirements before filing an application, among others, such as obtaining prevailing wages, completing recruitment procedure and filing foreign labor certification. After received foreign labor certificate the employer must file immigration petition within the valid period of labor certification.

Permanent resident (Green Card) via Labor Certification:

Foreigner or alien may obtain a Permanent resident or Green Card through a Job if United States America’s (US) employer files for Permanent resident to the alien.

How does the Permanent Resident process work?

• Prevailing wages

First US employer needs to obtain prevailing wages from Department of Labor. This will help to find out if US employer is able to and willing to pay that prevailing wage once Foreign worker is granted, Permanent resident. Law requires that when US employers hire Foreign worker US employer must pay the prevailing wage which is determined by Department of Labor. It is a unique law and very restrictive law to US employer because if US employer hire’s US Citizen, Permanent resident they can pay less than prevailing wages up to minimum wage but for alien they cannot pay less than prevailing wage which is set forth by the Department of Labor.

When requesting prevailing wage, there is a various legal matter which needs to consider, before employer request for Prevailing wages. The employer needs experience lawyer who can file properly.

• Advertising to find US employee

Second US employer needs to do advertising two Sunday newspapers which are mostly circulated in the area of employment location. The employer also needs to post the job in his/her employment location. In addition to that Employer need to post at least 30 days job posting in the State Workforce Agency related to employer’s home State.

If the job position is professional employer need to do further publication, in addition to above said publication additional three publication to search US employee or worker.

This publication has the various legal requirement such as timeline, job position, duties. Bhurtel Law Firm has experienced lawyer who has been advising Employer to complete this process.

• Labor Certification

After completing of publication, if US employer cannot find a qualified employer for the position and duties required by the employer, at that condition employer may file an application for permanent labor certification(PERM) to hire the foreign worker.

The employer must comply various time line otherwise, Department of Labor will deny Employer application for Labor Certification. It has particular 180 day window period to complete publication and file PERM application. The employer can not file before 30 days waiting period from the date it was published. Bhurtel Law Firm has experienced lawyer who has been advising Employer to complete this process.

• I-140 and I-485 application

Once PERM application is certified by Labor department US employer may file with USCIS immigration petition for Alien worker (form I-140). Once that I-140 approved foreign worker can file the final application to register permanent residence or adjust status (Form I-485).

Once Labor certification is granted Employer must file I-140 petition within the time limit provided by Labor Certification.

If the foreign worker has spouse and children and I-140 is approved at that condition foreign worker can file Green card application for his qualified family members such as spouse and children.

Please take notice that this is not a legal advice. If you need legal advice, please contact Bhurtel Law Firm. This is an attorney advertisement