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Employment Based Green Cards

EB-2 and 3+2 Pattern of Education

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.

Green Card Without Employer's Support

Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).

Case type: EB-1 Extraordinary Ability

Category: EB1 Green Card, Employment Based Green Cards, Extraordinary Ability

We filed a petition premium processing for a self-petitioning researcher. The petitioner had over 15 years of research experience in the nanotechnology field. He had an extraordinary research career which included 52 scholarly scientific articles with over 1,020 citations of his work. His publications were featured in numerous high impact international journals. In addition to his noteworthy research publications, the petitioner was a highly sought after reviewer for a multitude of prestigious, international scientific journals. He was also selected to an editorial board. His research was noted as having a significant impact in his field and the multitude of leading experts that opined on his international acclaim identified him as “one of the very few in their field that had reached the highest level of achievement.” The petitioner had sustained international acclaim for his extraordinary research and as a result his work was featured in several major trade publications. We also submitted evidence to show that as a result of the petitioner’s extraordinary research career he was nominated as a member of a highly prestigious scientific research society.

As a result of the petitioner’s substantial volume of evidence reflecting his extraordinary qualifications, USCIS approved the case within five days.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Guestbook Entry for Sunil, India

Name: 
Sunil
State: 
Virginia
Country: 
India
Homepage: 
Green card processing
Comment: 

I would like to thank Mr. Khanna and his staff, especially Prerna and Richa in handling my green card processing. They are very professional, diligent and meticulous in their work. I trust them completely, they have always advised me in my best interests from a legal stand point.  I would recommend their office for any immigration related issues without hesitation and   I am glad that I went to them. Their responses have been very timely and that's one less issue to worry about.  Thanks again. 

Posted on: 
21st Dec, 2013

Guestbook Entry for Diamond Information Systems, United States

Name: 
Diamond Information Systems
State: 
VA
Country: 
United States
Comment: 

Immigration.com has great team and very pleased with the service.

Posted on: 
18th Dec, 2013

Guestbook Entry for KL, United States

Name: 
KL
State: 
VA
Country: 
United States
Comment: 

I have worked with Mr. Khanna and his staff on H-1B and green card applications for a few of my employees over the last 4 years.  Never having done this before previously and with very limited knowledge of the immigration arena, I have found all of the staff members to be extremely helpful!  There is never a time where I can't ask questions or seek guidance.  Communication is very important and they never dissapear on me.  Rather than it feeling like a client-lawyer relationship, I feel like it is more of a partnership.  They are here to make the process smooth and as painless as possible.  I would recommend their services to anyone who is in need, whether it be an individual or an employer.   

Posted on: 
21st Nov, 2013

Foreign Labor Certification Questions and Answers

1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov< website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction. The filing of applications is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the program being utilized in his/her behalf. In general the Department of Labor works to ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages and working conditions of U.S. workers. Once a Foreign Labor Certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS.

2. Depending upon the nature of the program the process for filing could vary between months and years. To be of assistance, we have provided on our Web site the current processing times< in the DOL regions and states. Currently, the process to obtain an employment based temporary labor certification (H-2A, H-2B) usually may take months through the state agency and the DOL regional office. However, H-1B processing usually only takes seven working days. The process to obtain an employment based permanent labor certification can sometimes take up to several months after completing the necessary recruitment steps and filing the application with the National Processing Center. The PERM Processing Times are updated monthly and available for view at http://icert.doleta.gov<.

For the employment-based permanent visa, the USCIS may take up to an additional 9 months to process the request. USCIS will provide"premium processing"< for some visa categories with an additional fee.

 

3. Most programs administered by the DOL do not charge fees for a foreign labor certification. Every program does, however, require fees be paid to the USCIS upon filing an application for a visa or greencard. See the individual program (H-2A<) for details regarding DOL fees. See the USCIS <site for details regarding USCIS fees.

 

4. An employer should pro-actively and regularly, advisably once a month or less, monitor the status of an electronically filed labor certification application via the Permanent Case Management System, and compare its filing date, i.e., the date the application was submitted for processing, to the PERM processing times posted on the iCERT Visa Portal System (http://icert.doleta.gov/<). If there is more than a 30-day difference between the employer's filing date and the PERM processing time, the employer may contact the National Processing Center (NPC) for a status update.

An employer who filed a labor certification application via mail may contact the National Processing Center's Help Desk at 404-893-0101 for a status update.

Employment - Based I-485 Pending Inventory Updated

The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year.  You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own.  Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

Please click here to view the updated chart

http://www.immigration.com/chart-all-employment-based-i-485-pending-inventory<</p>

Guestbook Entry for Anand, United States

Name: 
Anand
State: 
MA
Country: 
United States
Comment: 

Mr. Khanna is the best in the Business (if you don’t agree with me, he is certainly one of the Best). His law firm is handling both my H1-B and Green Card, and my experience has always been really really very very good. Mr. Khanna has a very good team but when crises arise or there is confusion in the application process he will directly get involved – this means a lot - as the best and brightest person in us immigration arena is dealing your case. I very highly recommend his law firm.

Posted on: 
4th Nov, 2013

Employment-Based (EB) Green Card

One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.

  • First preference is for priority workers including persons of extraordinary ability, outstanding professors and researchers, and multinational organization executives and managers.
  • The Second preference is for physicians, members of the professions holding advanced degrees, and persons of exceptional ability.
  • The Third preference is for professionals, skilled and other workers, including nurses and physical therapists.
  • The Fourth preference provides for special immigrants including religious workers.
  • The Fifth preference is an investor-related category, which grants permanent residency to persons who invest significant funds in the US and create 10 jobs for US workers. 

For detailed information on Employement Based Green Cards please visit these links below:

EB-1 Priority Workers<</a>

EB-2/EB-3 PERM (Labor Certification)<</a>

EB-2 Physician/NIW/Advanced Degree<</a>

EB-3 Bachelors, Skilled, Unskilled Workers<</a>

EB-4 Religious Workers<</a>

EB-5 Investment Green Card<</a>

Podcasts and Video on Employment Based Green Cards<</a>

Rajiv's  Blog on EB-1/NIW<</a>

Nonimmigrant Visas
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