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Too often individuals keen upon applying for EB1A think they must have a specific number of publications or citations before moving forward. This is a complete misconception and misunderstanding of the law. EB1A is equally available for one who is a successful entrepreneur as it is for one who is a research scientist. The key Silmi Law’s successful work in the EB1A category is a focus on the plain language of the statute. Our firm places laser focus on making sure our clients, who hail from all walks of life, understand and appreciate that as of the date of submitting their petition for EB-1A classification, they demonstrate (1) they have been recognized for sustained national or international acclaim in their field, (2) they will benefit prospectively the United States, and (3) they will continue to work in their field of endeavor upon entering or remaining permanently in the United States.

Replace Things to know when applying for EB1A with Tips to make your EB1A petition a success:

• Prove your case with extensive documentation
• Letters alone should not form the cornerstone of a successful case for EB1A
• Be logical and think about qualitative evidence
• Have an experienced guide to help you through the process

To demonstrate qualification for the NIW classification one must hold an advanced degree or prove exceptional ability (See EB2 NIW – Successful Approach to a National Interest Waiver – YouTube) as an entry level determination. The ultimate test of the NIW is based on the Dhanasar Test where one must demonstrate (1) a proposed endeavor that has substantial merit and national importance (2) they are well positioned to advance the proposed endeavor, and (3) on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

An EB1B visa is a visa classification for extraordinary researchers and professors. To qualify for such a visa, you must show international acclaims in a specific academic field. As well as showing that you have 3 or more years’ experience in such a field. Also, you must show proof that you will be working for an institution of higher education or that you are working as a researcher for a private company.

The advantages of applying for an EB1B visa is that you are not required to have a labor certification. Your employer can skip that process and offer the job directly to you through the EB1B visa.

Please note that an EB1B must be filed by your employer. The U.S. employer will be the petitioner for you and you will be the beneficiary.

E2 Visa grants a person who has a great number of funds to invest to enter America for the sole purpose of setting up a business. However, this visa does not give you permanent residency but one advantage of the E2 visa is that you can be extended if the business is still viable. The investor can either invest in a new or existing company, but the company can not be used to make a job only for an individual investor. The investor must employ at least 3-5 others to qualify.

An EB1C Green card is an employment-based petition for a permanent residence. The EB1C was made for the most skilled foreign executive and manager. One of the great benefits of an EB1C is that you do not need the PERM Labor Certification. A U.S Employer must file for the petition for the transferee. The petition must include a statement from the employer stating all requirements, including the description of the employee’s duties they will perform while in the united states as well as what job duties the employee has done while abroad.

The L1A visa is a nonimmigrant visa for transferee executives and manager. This visa is issued by the U.S Citizenship and USCIS for foreign executives or managers being transferred to their company located in the United States. Some conditions must be met for an individual to be eligible. For example, there are certain expectations you must be responsible for supervising professional-level employees as well as lower-level employees. Must be able to make huge decisions with minimal overlook.

The EB2 Visa is for employment-based. The two main applicants are:

• Profession who holds an advanced degree
• And for those who can prove their “exceptional abilities” in their field. It can range from medicine, business, science, art, or athletics.

EB2 is highly desirable because it offers a quicker route to be a permanent resident in the United States.

You will need to have PERM Labor Certification with this type of visa.

The spouse of an EB2 visa holder may also accompany them via an E21 application and children under the age of 21 and unmarried can also apply for an E22.

Please note that people in different fields have different standards of review.

An O1A visa is not a permanent visa. If you are looking for something permanent check out our EB1-A section.

An H1B visa is a temporary U.S. visa for a specialty occupation, each applicant either has specialized skill or knowledge. H1B visas normally require a university degree but work experience and having recognition of expertise in the field causally related to that specialty can count as being equivalent. This visa also allows for your spouse and children ( unmarried under the age of 21) to accompany you if they apply to the H4 visa allowing them to be able to stay in the U.S. as long as the H1B holder remains in legal status.

The H1B Visa is lottery-based. This does not guarantee you will receive such a visa.

Applicants that are not eligible may want to look at the L1 visa page.

Here are the two family-based immigrant visas:

Immediate Relative – with this visa you the sponsor must be a spouse, child, or parent with U.S citizenship.

Family preference – with this visa it can be an extended family who can sponsor if they are a U.S citizen or a lawful permanent resident (LPR).

Note that a US Citizen can ONLY file a petition for their:
Parent
Spouse
Son or daughter
Brother or sister (if the U.S. citizen is 21 years of age and older)
Note that a US Lawful Permanent Resident can ONLY file a petition for their:
Spouse
Unmarried son or daughter

When applying for asylum there are two different asylum applications available which are the affirmative application and the defensive application. The goal for both affirmatives and defensive applications is to provide asylum in the United States. Asylum can help people escape prosecution in their homeland if they return. To qualify the applicant must be considered a refugee.