The next step was unclear at the time, as this news put me under severe pressure to rethink self-petitioning. However, i decided to self-petition with no employer sponsorship and without the help of a lawyer.
EB2
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I learned a lot about the green card application process and its involvement. I quickly studied several websites to understand the bigger picture. I carefully sat down to see if i qualify under eb2-niw and if my work can be justified as “ national interest ” under the uscis criteria. To my surprise, it did qualify! in fact, it occurred to me that most people with a ph.
Form i-485 application to adjust status, the actual green card application which will be filed after uscis approves i-140 request. A green card visa number is available based on applicants country of birth employment-based classification the priority date of the applicant the priority date is the date that the perm/labor certification application was filed with the dol (eb2 and eb3). For eb1, date i-140 is filed with uscis is the priority date. Long wait times are due to the unavailability of green card visa numbers. There is a certain number of green card applications made available per year per category per country. Every month department of state publishes the visa bulletin , with available visa numbers based on priority dates.
Now that we’ve laid out the steps, we can learn how long you can expect to wait during the l-1b to green card process. The perm labor certification usually takes about 8 months to complete. This includes the 30-day job order requirement, the extra 30-day waiting period after the job order, and the 6-month processing time for the eta-9089 application. If your employer is subjected to supervised recruitment or an audit, this can potentially extend the perm processing time to two years. The i-140 has an average processing time of 6 months depending on the service center that is processing your petition.
Do I Qualify for EB1?
Getting an eb-1 visa is by no means easy.
If you’re not able to obtain one, you might qualify for an eb-2 or an eb-3 visa. Both will require your employer to sponsor you.
A u. S. Company typically sponsors employment-based green cards. The company pays the filing fees, acts as your official sponsor, and typically employs you through the green card process. If you don't have a u. S. Employer, are self-employed, or your company is unwilling to sponsor employee green cards, you may need to find another way to obtain permanent residency. One alternative is to apply for a self-sponsored immigrant visa, also called a self-petitioned green card. Two employment-based immigrant visas are eligible for self-petitioning: the eb-1a and eb-2 national interest waiver (niw). Let's explore these options, their differences, and how you can qualify.
For e-2 visa holders who are highly skilled or who hold advanced degrees, one of the more effective methods of obtaining a green card since 2017 is a process known as the eb-2 national interest waiver. While this option had been around in a sense for many years the heightened criteria required to prove eligibility made it exceptionally difficult to qualify. However, in late 2016 the u. S. Supreme court substantially lowered the threshold for eligibility, making it much easier for foreign nationals to qualify. Unlike the process described in option #1 above, e-2 visa holders can obtain residency (1) without the sponsorship of an employer and (2) without having to undergo the difficult and time consuming perm process.
EB1(a) – Persons of Extraordinary Ability
The eb-1 visa is an employment-based visa available to non-u. S. Citizens with extraordinary ability, outstanding professors and researchers, and multinational managers or executives. It’s one of the employment-based visas that allows foreign nationals to permanently live and work in the u. S. The eb-1 visa is highly regarded and does not require a perm labor certification from the u. S. Department of labor. In this guide, you’ll learn about the cost, timeline, requirements, and application process for the eb-1 visa. Boundless has helped more than 100,000 people with their immigration plans. We’ll be your visa planning partner from beginning to end.
Eb1 extraordinary ability visa is an employment-based immigration category that is reserved for foreign nationals who have demonstrated exceptional expertise in sciences, arts, education, business or athletics. Eb-1a is usually the most popular green card category for o1 visa holders because its priority date is always current and it allows self-petition. One major advantage of the eb-1a visa is the ability to skip the labor certification requirements which will significantly reduce the waiting time for the application. In addition, the eligibility criteria for both the eb-1 and o1 visas are closely related. Both visas require applicants to demonstrate extraordinary accomplishments at a national or international level.
Extraordinary ability: you may apply for yourself by filing a form i-140, petition for alien worker. Outstanding professors and researchers: your u. S. Employer must file a form i-140, petition for alien worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Multinational manager or executive: your u. S. Employer must file uscis form i-140, petition for alien worker.