here are two branches of Immigration law that we deal with regularly, one being family-based Immigration whereas the other is employment-based. However, today our focus is on employment-based Immigration and some recent developments relating to self-petition in the employment-based categories. On increasing demand from people willing to start businesses in the US, we are going to discuss one area that has gained popularity and that the government has shown a need for in the US. The popular area of interest is semiconductor manufacturing as the US is currently relying on foreign manufacturing of semiconductors. Individuals with knowledge, experience, and expertise in the semiconductor field are eligible for self-petition. The two self-petition categories under the US Immigration law are the EB2 employment-based second category ‘The national Interest waiver’ and the first category EB1A for Individuals of extraordinary ability.
The requirements for EB2 national interest Waiver are that you are required to have a master’s degree along with any major contribution of significance to your field. The qualifications for EB1A require business-related contributions of major significance along with proof of originality and significance to the field of endeavor. Having Publications helps, however, it is not necessary. Semiconductor manufacturing is the most in-demand field in the US at this moment and if you are qualified to perform any role in the semiconductor manufacturing industry you are very likely to see a positive response in your petition. Moreover, when you submit a petition either in EB1A or EB2, describing and narrowing down your field of endeavor can be beneficial. Moreover, if you belong from any niche relating to Semiconductor manufacturing by narrowing down your field you will be demonstrating to the government that you specialize in an area that is of national interest making your petition stand out and get accepted.
Another thing to keep in mind is that your ability to migrate to the US is impacted by your country of birth, regardless of citizenship. If you are born in India or China, even if you are a citizen of Canada you are subject to a country cap based on country of birth. Thus, if you are interested in migrating to the US swiftly you will have to file a petition in the EB1 category. Also, your spouse’s country of birth will impact what petition you should file. Thus, for people born outside India or China, it is advised to file an EB2 national interest waiver as that is a less complicated requirement to meet. Moreover, when deciding which petition to file it is important to keep in mind that at this moment EB1 ability cases can file premium processing which comes at the cost of two thousand five hundred dollars that is paid to the government in exchange for the decision of your case in 15 business days which without premium processing would take about a year. In regards to EB2 national interest, the waiver will take around 8 months to process and there is no option to file premium processing.
