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EB1 Green Card

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.

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>

Guestbook Entry for Debashish Chakraborti, United States

Name: 
Debashish Chakraborti
Country: 
United States
Comment: 

Hi.  My GC was filed  by my office but Rajiv provided very valuable support and inputs during the process. He is very knowledgeable and is always ready to help out.  

Posted on: 
24th Aug, 2013

Employment Based Self Application

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehen...on-reform-2013<

Review these links:
EB-1A: http://www.immigration.com/greencard...international-<

National INterest Waiver: http://www.immigration.com/greencard...terest-waivers<

EB-5 Investment: http://www.immigration.com/greencard...ent-green-card<

Guestbook Entry for Harinder Bawa, United States

Name: 
Harinder Bawa
State: 
California
Country: 
United States
Comment: 

Honest advice. Knows his profession. Highly recommended.

Posted on: 
13th Aug, 2013

Guestbook Entry for Lekhraj Ahuja, United States

Name: 
Lekhraj Ahuja
State: 
MD
Country: 
United States
Comment: 

Mr Khanna and his team is great and they work very hard for all clients. I really appreciate them. Lekhraj Ahuja

Posted on: 
7th Aug, 2013

Guestbook Entry for Aesha John, United States

Name: 
Aesha John
State: 
Oklahoma
Country: 
United States
Comment: 

Mr. Khanna was very prompt in responding to my questions and provided me a free phone consultation. I appreciate his generosity.

Posted on: 
17th Jul, 2013

Guestbook Entry for Ravi, United States

Name: 
Ravi
Country: 
United States
Comment: 

Rajiv was great to work with, he analyzed my case in detail and gave relevant advice on the next steps and possibilities regarding my green card. I would recommend him to my friends. Ravi

Posted on: 
5th Jul, 2013

Guestbook Entry for Hetvi Patel, United States

Name: 
Hetvi Patel
State: 
Tx
Country: 
United States
Homepage: 
Highly recommand
Comment: 

I am very impresed with the prompt reply of all my emails. Mr.Rajiv is giving very honest opinion.  We scheduled a conference call with him which was on time and he was really taking time to make us understand the situation of our case and how to proceed next.  He didn't charge anything for the call.  We heartly appreciate his time and guidance provided to us.         

Posted on: 
9th May, 2013

Radio Show Discussing EB-1, 1 May 2013

Radio Show Discussing EB-1, 1 May 2013

http://www.immigration.com/media/eb1-green-card/radio-show-discussing-eb-1-1-may-2013

 

Question 1:

The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.

Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?

Answer:  If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.

 

Question 2:

What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?

There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.

1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.

Under EB-1, the second category is outstanding researchers or professors.  Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.

http://www.immigration.com/greencard/employment-based-green-cards/employment-based-eb-green-card-overview

 

So one category is for outstanding researchers or professors, for which you need a research or professorial position.

Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.

Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition.  Somebody who is hailed as a leader in their business For example,  Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.

So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.

http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-ability-outstanding-researchersprofessors-international-

 

In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.

 

 

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