C. A Labor Certication not Required
by Admin
Posted on 13-09-2023 02:01 PM
§ 204.
5 petitions for employment-based immigrants. (a) general. A petition to classify an alien under section 203(b)(1), 203(b)(2), or 203(b)(3) of the act must be filed on form i–140, petition for immigrant worker. A petition to classify an alien under section 203(b)(4) (as it relates to special immigrants under section 101(a)(27)(c)) must be filed on kform i–360, petition for amerasian, widow, or special immigrant. A separate form i–140 or i–360 must be filed for each beneficiary, accompanied by the applicable fee. A petition is considered properly filed if it is:
(1) accepted for processing under the provisions of part 103;
(2) accompanied by any required individual labor certification, application for schedule a designation, or evidence that the alien 's occupation qualifies as a shortage occupation within the department of labor's labor market information pilot program; and.
Depending on the category, the eb-1 visa can be a rather “quick” and direct pathway to permanent residence in the u. S. For all the above categories, the petitioning individual or employer can immediately file form i-140 with uscis and wait for the decision. Unlike the eb-2 and eb-3 categories of the green card, a labor certification from the department of labor (dol) is not required for the eb-1, which not only saves the petitioning u. S. Employer a lot of time, but also a lot of money. In addition, throughout the year, the majority of dates on the visa bulletin for most, or even all, countries of eb-1 applicants are current.
Eb-1 first preference employment green cards there are several options available for people interested in obtaining a green card through employment, spread among four different preference categories, in addition to a fifth for investors ( eb-5 ). The eb-1 first preference category is available for foreign nationals who either have an extraordinary ability (eb-1a), are an outstanding professor or researcher (eb-1b), or are a multinational executive or manager (eb-1c). One of the many benefits to all green cards offered under this preference category is that labor certification is not required. This means that the labor market where you would like to live and work does not need to be tested, saving you and your potential employer a lot of headaches and frustration.
D. Self-petition Allowed for EB1-A
The uscis outlines three primary scenarios in which they will provide a refund:
if an unnecessary form necessitating a fee is requested
if a fee greater than the specified amount on the uscis website is charged
if the uscis fails to process a petition within the 15-calendar-day window for premium processing.
No. The best part about an eb-1 extraordinary ability visa is that it is a self-petition and do not need an offer of employment or an employer to petition.
If you are applying for an eb1 visa based on being an outstanding professor or researcher, you must be able to show that there has been international recognition of your achievements in a particular academic field and must have had at least 3 years of experience in teaching or research in that academic area. Additionally, to be granted an eb1 as an outstanding professor or researcher, you must be entering the united states to pursue tenure or tenure track teaching or a comparable research position at a university, an institution of higher education, or a private employer. To prove that you are an outstanding professor or researcher, you must meet at least 2 of the 6 criteria listed below and provide an offer of employment from the prospective employer.
By michael ashoori, esq. U. S. Immigration lawyer as an immigration attorney, i often see extremely talented, extraordinary individuals at a loss of how to get a green card. Often times, these clients do not have the traditional employer or family member inline to sponsor them. Fortunately, for those at the top of their field, neither a family member nor employer is needed if you qualify for the eb1a visa. Through the eb1a green card, you are eligible to self-petition. This means that you can apply for yourself without an employer sponsoring you. In this guide, i'm going to explain important details regarding the eb1a criteria and what uscis looks for when evaluating an eb1a petition.
There are a number of steps required for both employer and foreign employee in applying for an eb-1 visa. The eb-1 visa application is divide into 2 parts: necessary files are needed to be acquired by the u. S employer such as petitions and labor certification once approved, the foreign employee then proceeds to apply for an eb-1 visa at their home country’s u. S embassy in case that you want to apply based on having extraordinary abilities, you have to file an application yourself and no need for an employer to file on your behalf. On the other hand, for the other subcategories of eb-1 visa applicants such as multinational managers and professors/researchers, the employers need to file the application for you.