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The certification that gives the right to an employer to hire non-US citizens as foreign workers to permanently work in the United States is issued by DOL (Department of Labor), and is called ‘permanent labor certification’. The employer is the person to initiate the application, most often through either PERM (Program Electronic Review Management) or labor certification process with the DOL, Employment and Training Administration. Although there are five defined categories for employment-based permanent residency in the United States, certain employment categories do not require a labor certification process. Among some of the most difficult green cards to obtain is the EB-1, the green card category designed for the extraordinary immigrants.
You are part of the EB-1 category, if you are an international executive or manager, outstanding researcher or professor, person of extraordinary ability in the arts, business, sciences, education, or athletics, a person of exceptional ability or advanced degree in the arts, business or sciences, or others considered priority workers. Being a quite broad category, it is further divided into 3 subcategories.
EB-1A is reserved for applicants with outstanding achievements in either education, business, science or athletics. To qualify for this subcategory, you must present evidence of an exemplary achievement (e.g. Pulitzer Prize, Nobel Prize, Oscar, Olympic Medal), or at least three other qualifying achievements from a provided list. One of the main advantages is this subcategory does not require a job offer from a US employer, so that you can file a petition for yourself if you meet the conditions.
EB-1B green card subcategory is predestined for professors or researchers, who have done academic research in their field, publications, substantial awards and/or who meet other requirements to obtain this EB-1 visa subcategory. In comparison with EB-1A, you must have an employment offer from a US employer to qualify.
EB-1C may be the most appropriate choice for you if you qualify for the L-1A visa, as you may apply under similar conditions. The difference between the two is their immigration status. EB-1C is a green card category, not a temporary work visa. Yet again, there is a series of requirements to qualify.
To make sure which EB-1 visa type subcategory you qualify for, and to learn the best ways to apply both cost and time-wise, call us to get the advice you need from your dedicated immigration attorney.
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