Helping Clients Secure Employment-Based Immigration Visas
There are specific types of visas available for non U.S. citizens with special skills and abilities. Successfully applying for these visas or “greencards” requires extensive documentation and a skilled attorney to guide you through the process.
At Paule, Camazine & Blumenthal, P.C., we take a comprehensive, thorough approach to every immigration case. We help clients gather the required documents, analyze them and provide honest assessments as to whether we believe the individual meets the requirements for the visa. If we do not believe the requirements are met, we will work with the individual to determine whether any other options are available.
To schedule a consultation to discuss your immigration needs, please call a St. Louis permanent residency attorney at 314-727-2266, toll free 888-766-9714 or contact us online.
The EB-1 visa category is available for non-U.S. citizens with specialized or unique professional skills and abilities. If an individual qualifies for EB-1 visa status, he or she is able to avoid the time-consuming and expensive process known as Labor Certification. There are three general categories available to those seeking this type of visa:
- Extraordinary ability: Visas are available for individuals who have risen to the very top of their field of endeavor. Most often, these visas are awarded to those in the fields of science, the arts, education, business or athletics. For those who can demonstrate their ability and achievements through documentation (such as receipt of national or international awards, publication history, citations to works they have written, memberships in certain organizations, etc.), no employer sponsorship is needed. Applicants must show, however, that they intend to pursue work in the U.S. in their field of expertise.
- Outstanding professors and researchers: Universities and research centers may sponsor non-U.S. citizens to whom they have awarded tenure track teaching or permanent research positions. The professor or researcher must have three years of experience and be internationally recognized.
- Multinational Executives and Managers: Managers or executives employed by a company overseas may transfer to the U.S. to work in a managerial or executive capacity for a related company in the U.S. The employee must have worked for the overseas company for at least one year. This category requires employer sponsorship.
EB-2 Visas – Advanced Degree or Exceptional Ability
The EB-2 visa category is designed for those holding advanced degrees or who have exceptional ability in the sciences, arts, or business and have been offered a job in the U.S. To qualify in this visa category, the prospective employer must complete the Labor Certification process, which generally means showing that there are no qualified U.S. workers who are willing and able to perform the job.
However, the Labor Certification process can be avoided if the individual qualifies for a national interest waiver. To qualify for a national interest waiver, the individual must demonstrate the following:
- He or she seeks employment in an area of substantial intrinsic merit to the U.S.;
- The benefit from the proposed employment will be national in scope; and
- The national interest would be adversely affected if a labor certification were required.
Recently, U.S. Citizenship and Immigration Services has increased its scrutiny of both EB-1 and EB-2 petitions. The type and amount of documentation required to support such petitions has greatly increased in importance. It is vital that you secure the services of an experienced attorney to guide you through this process.
Contact a St. Charles EB-1 and EB-2 Visa Attorney
If you have questions about obtaining a “greencard” through employment or through any other means, our lawyers are here to answer them. Call us at 314-727-2266, toll free 888-766-9714 or contact our law firm online. Weekend and evening appointments are available for your convenience.