OLSEN LAW FIRM: AN INTERNATIONAL LAW PRACTICE WITH A FOCUS ON IMMIGRATION LAW Permanent Residence
Outstanding Professors & Researchers (EB-1) Outstanding professor or researcher petitions must be accompanied by evidence of at least two of the following: - Documentation of receipt of major prizes or awards for outstanding
- achievement.
- Documentation of membership in associations that require outstanding
- achievements.
- Published material in professional publications written by others about the individualÂ’s work.
- Evidence of participation, either individually or on a panel, as the judge of the work of others.
- Evidence of original scientific or scholarly research contributions.
- Evidence of authorship of scholarly books or articles in scholarly journals with international circulation.
The outstanding professor or researcher petition must also include evidence of at least three years of experience in teaching and/or research and evidence of an offer of employment from a university
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Extraordinary Ability Petitions (EB-1) This first preference category is available for individuals with "extraordinary ability" in the sciences, arts, education, business, or athletics. No offer of employment is required and no labor certification is required. An extraordinary ability petition must be accompanied by evidence of a one-time achievement (such as a major, internationally recognized award) or include evidence of at least three of the following items: - Documentation of receipt of nationally or internationally recognized prizes or awards for excellence.
- Documentation of membership in associations that require outstanding achievements of their members.
- Published material in professional or major trade publications or major media about the applicant and his or her work in the field.
- Evidence of participation on a panel, or individually, as a judge of the work of others in the field.
- Evidence of original scientific, scholarly, or business-related contributions of major significance.
- Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
- Evidence of employment in a critical or essential capacity for organizations that have a distinguished reputation.
- Evidence of a high salary or other remuneration for service.
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Persons of Exceptional Ability & Advanced Degree Professionals (EB-2) The second preference employment-based category includes persons of exceptional ability and professionals holding advanced degrees. The second preference category generally does require a job offer and a labor certification, but if the applicantÂ’s work is found to be in the national interest of the United States, then the position is exempt from the labor certification process. To qualify as an EB-2 person of exceptional ability the foreign national must have "a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business," which is established by presenting evidence of at least three of the following: - An official academic record showing a university degree.
- Evidence in the form of letters from current or former employers showing at least ten years of full-time experience in the field.
- A license or other certification to practice the profession.
- Evidence of a salary, or other remuneration for services, which demonstrates exceptional ability.
- Evidence of membership in professional associations.
- Evidence of recognition for achievements and significant contributions by peers, governmental entities, or professional or business organizations.
To qualify as a person with an advanced degree, a foreign national must possess a U.S. academic or professional degree or a foreign equivalent degree that is above a baccalaureate.
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Professionals, Skilled Workers & Other Workers (EB-3) The third preference employment-based category includes professionals, skilled workers, and unskilled workers. All three groups are required to obtain a job offer and PERM.
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Special Immigrant Religious Worker (EB-4) To qualify as an EB-4 special immigrant religious worker, a foreign national must be a member of a religious denomination that has a nonprofit religious organization in the United States and must have been a member of that denomination for at least two years before applying. This category is available for the following religious workers: - Religious ministers in the religious denomination
- Individuals working in a religious vocation or occupation for the religious organization or its nonprofit affiliate.
- Individuals working in a professional capacity in a religious vocation or occupation for the religious organization.
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Investors (EB-5) The investor permanent resident option is referred to as the "million dollar visa." 10,000 investor visas are available each year. Some of the requirements are the following: - The foreign national must invest in and actively manage or establish a new commercial enterprise.
- The applicant must be in the process of investing or have invested a minimum of $1,000,000, or in certain "targeted areas" (rural or high unemployment areas) $500,000. The capital investment can be from U.S. sources, such as a bank, or from overseas, and can be a combination of cash, inventory, equipment, or loans.
- Except in the case of a troubled business investment, the investment must create or preserve at least 10 full-time positions for qualified U.S. workers, including holders of certain temporary work visas and permanent residents but not including family members of the investor.
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