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National Interest Waiver (NIW)

Foreign nationals who are members of the professions with advanced degrees or their equivalent or have exceptional ability in the sciences, arts, or business, can seek this EB2 immigration classification. Both a job offer and a labor certification are not required for this classification and the foreign beneficiaries can self-petition. The national benefit that foreign nationals claim to bring must meet three criteria: (1) the alien's proposed endeavor has both substantial merit and national importance; (2) the alien is well positioned to advance the proposed endeavor; and (3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

Documents and evidence for NIW petition include recommendation letters from experts in the field, original research articles, publications about the alien, patents, awards, memberships, evidence of the beneficiary’s influence in the field, including citations on research articles, commentaries, requests for prints or collaborations etc.

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Extraordinary Ability (EB-1A)

A foreign national beneficiary can qualify for this immigration classification if he or she can demonstrate that he or she possesses a level of expertise that places him or her at the top of his or her field, as shown by national or international acclaim and that he or she continues to work in his or her field of expertise and benefit the United States. Documentation of the beneficiary’s achievements includes: awards, memberships, published material by or about the foreign national, evidence showing the foreign national has judged the work of peers in the field, significant achievements in the field, authorship, exhibition, significant performances, high remuneration, commercial success, or comparable evidence.

Documents and evidence for EB-1A petition include: recommendation letters from experts in the field, job offer letter or working contract from a potential employer, evidence of awards, memberships, being referee for work of others, contribution, publication, leading role in distinguished organizations, media reports, high remuneration, evidence of the beneficiary’s significant influence in the field, including citations on research articles, commentaries, requests for prints or collaborations etc.

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Outstanding Professors and Researchers (EB-1B)

A foreign national beneficiary can qualify for this immigration classification if he or she has been recognized internationally as an outstanding teacher or researcher in a specific academic area, as evidenced by at least two of seven types of prescribed documentation: major awards, memberships, citation by others of foreign national's work, judging of peers, original contributions, or publication of work. The foreign national must have at least three years of experience in teaching or research in the academic area and have a prospective job with a U.S. university or institution of higher learning offering either (a) a tenured or tenure-track teaching position in the foreign national's field or (b) a permanent research position, i.e., tenured, tenure track, or for an indefinite time and in which an employee can ordinarily expect continued employment except for good cause; or with an eminent department, division, or institute of a private employer offering a permanent research position. The private employer needs to show that it employs at least three people full-time in research positions and that it has itself achieved documented accomplishments in an academic field.

Documents and evidence for EB-1B petition include: recommendation letters from experts in the field, permanent job offer letter from the sponsoring employer, evidence about the private employer’s reputation in the field and employment of at least three full-time researchers, evidence of beneficiary’s three years of research/teaching experience, evidence of awards, memberships, being referee for work of others, contribution, publication, leading role in distinguished organizations, media reports, high remuneration and evidence of the beneficiary’s significant influence in the field, including citations on research articles, commentaries, requests for prints or collaborations etc.

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O-1 visa

An O-1 classification applies to an individual alien who has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the United States to continue work in the area of extraordinary ability.

Documents and evidence of O-1 visa petition include: recommendation letters from experts in the field, advisory opinion from a peer group, letter from employer on job duty, qualifications etc, evidence of awards, memberships, being referee for work of others, contribution, publication, leading role in distinguished organizations, media reports, high remuneration etc.

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H-1B Visa

H-1B nonimmigrant visa is available to qualified persons to work in specialty occupations (theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty or its equivalent as a minimum for entry into the occupation in the United States) for whom a labor condition application (LCA) has been certified as filed with the U.S. Department of Labor (DOL). The H-1B beneficiary must have a requisite U.S. university degree for the specialty occupation (baccalaureate or higher) or an equivalent foreign degree, or have education, specialized training, and/or progressively responsible experience equivalent to the required degree in positions directly related to the specialty, or hold an unrestricted state license or registration authorizing the candidate to practice the specialty occupation in the state of intended employment.

For the H-1b visa petition, documents and evidence from the beneficiary side include: work experience letters from former employers, degree certificates and transcripts, professional certificates, copies of passport, visas, I-94 forms, evidence of legal status in US, pay stubs, tax returns; documents and evidence from the petitioner (employer) side include: Labor Condition Application (LCA), employment contract or job offer letter, petitioner’s income tax return for last two years, list of petitioner’s employees, a letter describing the job duty, job location, timeline etc.

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L-1 Visa

An alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive (L-1A), or involves specialized knowledge (L-1B) may seek L-1 visa classification.

Documents and evidence for L-1 visa petition include: work experience letters, degree certificate and transcripts, relevant certificates, copy of passport, employer letter stating job duty and employment duration, photographs of employer’s place of business, names and contact information of at least two co-workers from current and past jobs, information about US and foreign companies.

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Family Immigration

A foreign national who has a US citizen or lawful permanent resident relative can seek immigration to the United States based on family relationship. Depending on the status of the US relative and the family relationship, the foreign national can be classified as the immediate relative of US citizen (parents, spouses and unmarried children under the age of 21), or as one within a family preference category. The first preference includes unmarried, adult sons and daughters of U.S. citizens; the second preference includes spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents; the third preference includes married sons and daughters of U.S. Citizens and the fourth preference includes brothers and sisters of adult U.S. Citizens.

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Multinational Executives and Managers (EB-1C)

A foreign national who is coming to the United States to be employed by an entity that is related to the entity abroad where she has worked as a manager or executive for at least one year during the last three years. The petitioner must be a U.S. employer doing business in the United States for at least one year and be offering the foreign national a job in an executive or managerial capacity. The foreign national must have been employed abroad by the petitioner in an executive or managerial job for one year. The year's employment abroad must have occurred during the three years immediately preceding the petition or, if the alien has been employed in the United States by the petitioner or its parent, affiliate, or subsidiary as a nonimmigrant, within three years before the nonimmigrant entry. The employment abroad must have been with the same petitioner or a parent, affiliate, or subsidiary of that petitioner.

Documents and evidence to support EB-1C petition include: evidence that the petitioner is doing business in US; evidence that the petitioner offers a job in an executive or managerial capacity; evidence that the alien has been employed abroad by the petitioner in an executive or managerial job for one year; evidence demonstrating the required relationship between the petitioner and foreign employer, such as SEC Form 10-K, annual report, another document listing the companies and their relationship, or a separate statement by a company executive attesting to knowledge of ownership of the company or companies (preferably with copies of relevant pages in a stock transfer ledger or equivalent record); and evidence of the petitioner’s ability to pay the foreign national’s salary.

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A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. Before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

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